what's in question is the gas lines on the roof . I bid the job for adding to the line with 1 connection . Before any work started , i tested the existing lines . I had to stop due to finding 14 leaks existing . they must be fixed before i could do my work due to final inspection requires the lines to hold pressure . which means i'm responsible for all of it . I told the GC and the subcontractor that i'm working for . all agree it's going to cost alot more money . They didn't want to pay me so I pulled off the job . I have 2 nights with a helper in this already . The subcontractor has drug his feet for 3 months and so the GC explained that he was going to be removed from his contractual obligations . This weekend i repaired the gas lines and put them back together except for 3 pieces of pipe . He is trying to take credit for the repairs , and i'm wondering if i can get paid . Can i file a lien on the property instead of the GC since i didn't have a contract ?
Yes, you can. In Texas, you need a contract to file a lien on a residential job. However, you do not need a contract for labor performed on a commercial project. Whether you have a contract or not you need to give the appropriate notice. You say “he” is taking credit. I presume you mean the sub you dealt with rather than the general. Safest approach is to presume you are a second tier sub; i.e. your relationship was with the 1st tier sub and not directly with the general contractor. So provide notice as a 2nd tier sub which means a notice, preferably by certified mail, to both the general contractor and the owner. Do it no later than the 15th day of the 2nd month following your work. Don’t wait till the last day. Do it immediately.
Frankly, there's a lot to unbox here.
In short, you may very well have lien rights, but we need to talk about the type of lien you may have and who specifically you agreed to perform the work for, regardless of any written contract. That back and forth discussion should not be held publicly. Even if you can't lien the property, in all liklihood you still have a valid claim against either the sub you worked for, the GC or potentially both.
Feel free to reach me directly by phone or email.
Very best,
Ben House
281-762-1377
ben@houseperron.com
In general - yes, as a “second [or lower] tier” subcontractor you can lien property where you provide services/materials via a mechanics/materialmen lien.
However, there are specific notices and timelines you must comply, and these are spelled out in the Property Code (Chapter 53).
I am happy to expand on that if you are interested.
Patrick