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How to get paid

TexasMechanics Lien

I have worked for a sub and did Not get paid. It has been 2 months now and still get check is in the mails BS. I have talked to the GC about it and have sent all parties a letter of intend to lien. I need to get this done don't want to drive another 7 hours to get back here.

2 replies

May 5, 2021

Hello,

Are you a subcontractor of the subcontractor (2nd tier subcontractor)? If you have sent notices of intent to lien with the proper language, file the lien.

Once you have filed the lien and sent the affidavit (get Levelset to help you with this), send a demand letter and file suit if you still aren't paid. Take your power back!

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com 

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May 6, 2021

If you were a second tier claimant (someone who worked for a subcontractor), and assuming you worked on a commercial project, then you were required to provide the original contractor (or the general contractor to use your term) certified mail notice of non-payment by the 15th day of the second month after the month in which your unpaid work was performed, and then certified mail notice to the owner and the original contractor by the 15th day of the third month after the month in which the unpaid work was performed to advise of non-payment and to request that the owner trap funds from the original contractor.

If a residential project is at issue, the notice deadlines shorten by a month.

If you did not provide proper notices by certified mail, then the original contractor and owner would have no liability to you, and may just ignore you.

But, you still would have a breach of contract claim against the subcontractor for whom you worked. You should consider creating a paper trail. You should consider preparing a letter to mail by certified mail, return receipt requested, to the subcontractor, original contractor, and owner to set out the facts and to demand the relief that you want. Attach your invoice(s) for your unpaid work. Make sure that your letter is professional and business like as it may be evidence later.

If need be, consider filing suit in small claims court against the subcontractor using your letter as evidence.

Retain a construction attorney to evaluate your legal situation and to provide advice.

Good luck.

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