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I have already filed a mechanics lien but I was wondering what else I can do to get paid faster.

Texas

I'm a sub to a sub contractor and the developer has already paid the sub contractor but he didn't pay me. I did some trucking for him on a commercial project in the months of Oct, Nov and Dec 2021

7 replies

Feb 26, 2022

You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.

Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.

You should consider preparing a letter to mail by certified mail, return receipt requested, to the parties to set out the facts and to demand the relief that you want. Attach a copy of your unpaid invoice(s), and any proof that your work was performed. 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 (assuming that your claim is less than $20,000), using your letter as evidence. If your claim is bigger consider retaining a construction attorney,.

Incidentally, if the project was residential, you may only have one year to file suit to confirm your lien as an encumbrance against the project.

Good luck.

1 likes
Feb 26, 2022

Thank you for the information. 

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Feb 26, 2022

You could be liable for statutory damages of $10,000, and actual damages, whichever is greater, plus attorney's fees. 

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