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How long should we wait are a reply on are intent to file a lien ? How are when does our company include legal fees for collecting funds owed to us ?

TexasMechanics LienPayment Disputes

I was hired by a GC to replace 3 HVAC systems in a burned out church. A mechanical permit was pulled by our Company and 50% of the signed proposal was paid. A city inspector conducted a preliminary inspection because the GC would not provide access to the new location of the replacement equipment stating we had to entail the cost. After 4 days the GC complied with the inspector request to provide access. At 95% completion of the project a cover-up inspection was conducted and pointed out that motorized fresh air would have to be installed for the project to pass the final. A change order was sent to the GC for the installation of the motorized fresh air dampers. The GC stated he was paying the change order and if we did not install the motorized dampers by a certain date we would be fired off the job. Two days later the GC went to the City and terminated our permit and would not let us access the building to finish the project. A final bill was sent on that date.

1 reply

Apr 11, 2018
I'm sorry to hear that. If a Notice of Intent to Lien is sent in Texas, how long to wait before filing a lien is up to the discretion of a claimant. Practically speaking, though, it may be wise to allow for the party or parties receiving the Notice of Intent to Lien enough time to receive the notice, discuss it, and make a decision on how to proceed. Depending on the situation, those discussions may only take days or could potentially stretch to weeks - but ultimately, the claimant is in control. If an amount of time is given on a Notice of Intent to Lien - (i.e. "If payment is not made within 10 days, a lien will be filed against the property."), it might be the most fair to wait that amount of time before filing a lien. It's worth noting, however, that if a lien deadline is fast approaching, it would not be wise to wait too late. In the vast majority of cases, a lien deadline will not be extended for any reason. Regarding legal fees - legal fees and interest may be awarded to a successful lien claimant by the court (if the dispute goes that far), but any amount unrelated to the value of labor and/or materials cannot be included in a lien claim.
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