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How do I start the process of getting paid for a job that was completed 10/2019?

TexasPay ApplicationsPayment Disputes

A general contractor contacted us to finish a job after a contractor was removed from the job. Our company was on site from 8/2019-10/2019. We received payment one on 9/24 for august. We signed a conditional waiver for payment 2 on 12/20, for $25k. We received half of the 25 on 12/27. They are refusing to pay us until we sign a unconditional waiver. We refuse to sign it because a vendor listed on a schedule value did not get paid since they didn’t pay the whole amount. The vendor has now put a lien on the general contractor for non payment and we are in grid lock, the general refuses to pay the vendor until the waiver is signed.

1 reply

Feb 3, 2020
Generally, in Texas, there are certain "monthly" notice requirements that must be met in order to retain the ability to claim a valid and enforceable mechanics lien. Specifically, a first-tier subcontractor on a residential project must send a notice to the owner and GC no later than the 15th day of the second month after each month in which labor or materials were furnished, and a first-tier subcontractor on non-residential projects must send a notice to the owner and GC no later than the 15th day of the third month after each month in which labor or materials were furnished. If these monthly notices are not sent, it is generally fatal to any subsequent lien claim. Lien rights may therefore not exist on certain projects even in the absence of delivering a final unconditional waiver. Notwithstanding the above, certain requirements for unconditional waivers are specifically set forth by § 53.283, which holds that: "A person may not require a claimant or potential claimant to execute an unconditional waiver and release for a progress payment or final payment amount unless the claimant or potential claimant received payment in that amount in good and sufficient funds."    
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