I'm sorry to hear about your situation. Many clients will be hesitant to make full payment until they're satisfied with the work. At the same time, construction businesses require cash flow to continue work. Where a job is not quite up to the customer's expectation, it might be possible to negotiate partial payment until work reaches a satisfactory point. By explaining the situation and why you need payment for work already performed, it might be possible to find some middle ground. Of course, some owners will do whatever it takes to avoid making payment. So, where an owner is being unreasonable or if the payment situation has reached a tipping point, threatening to file a mechanics lien (like with a Notice of Intent to Lien) might work to get payment talks moving. Because a mechanics lien is such a drastic remedy, most property owners don't take the threat of lien lightly, and many will be more open to talk payment if they know a lien will be filed if payment isn't made. Of course, lien threats also might escalate the situation to an even worse place - so it's up to every construction business to decide where the line is for determining when a lien will be threatened. Further, if necessary, most construction businesses are able to file a mechanics lien to force payment. In Texas, there are strict notice and deadline requirements that may apply depending on the project type and who hired the unpaid party, so these resources should help provide more context on the availability of a lien claim, as well as the ability to recover via the mere threat of lien (Notice of Intent to Lien): (1) Texas Mechanics Lien Overview; (2) What is a Notice of Intent to Lien?; and (3) Can I File a Lien if my Workmanship Is in Dispute?
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...