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I need to get paid from a GC on USCE job

Texas

I provided a client with a supervisor that was expected to run an entire project. The client complained about the employee not doing what he was supposed to. I spoke with employee he claimed the client would not pay the subcontractors so they would not come to project and perform work. Now this same client owes me 2 months worth of invoices totaling 33k and some change. I offered a reduced settlement In writing as the client requested . I sent it out with a 24 hour date on it. No payment was made now I seek payment in full.

7 replies

Aug 24, 2021

If "USCE" stands for United States Corps of Engineers, you may have a federal project for which payments are controlled by the Miller Act. If so, there are no mechanic's liens. There would be a claim on a payment bond.

You should consider preparing a letter to mail by certified mail, return receipt requested, to the client to set out the facts and to demand the relief that you want. Attach support for your claim such as the invoice, and anything to prove that the money is owed. Make sure that your letter is professional and business like as it may be evidence later.

If need be, you may consider filing suit, using your letter as evidence.

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

Good luck.

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Aug 24, 2021
Thank you for this information. I will process with this action immediately
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Aug 24, 2021
How do I contact you and discuss plans to do what is needed in efforts to get paid?
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Aug 24, 2021

First, where are you located and where is the project?

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Aug 24, 2021
I am located in waxahachie on another project. Waxahachie TX. The project is at granger lake. It’s name is the granger lake project in Grainger TX.
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Aug 24, 2021

Brian W. Erikson

 The Erikson Firm, A Professional Corporation

 P.O. Box 140249

Dallas, Texas 75214-0249

Telephone: 214-202-4742

Telecopier: 1-214-853-5320

eMail: Brian.Erikson@eriksonfirm.com

Please email to me your contract, outstanding invoice, and any communications as to why you are not being paid. I will briefly review them at no charge, and report back.

Thank you.

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Aug 25, 2021
You have a cause of action against the GC, which means you can file a lawsuit. Your contract may say you have to go to arbitration. If this is a government-owned job, you can make a claim on the payment bond. There are strict deadlines for making such a claim.
 
If you have your lawyer send a demand letter, that may help you get paid.
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