I’m a subcontractor... past 90 days of attempt to get paid for work done. Called the bond company for payment bond. To make a claim and was told I was past my 90 days from invoice and could not make a payment bond claim. I have attempted to reach the GC for payment and told them I would be making a lien to the binding company if didn’t pay. I have received no response from the company please help . We did have a contract.
Texas has strict and specific requirements that must be met in order to qualify for mechanics lien or bond claim protection. Specifically, there are significant preliminary notice requirements that must be met. If these notice requirements are not met, it is fatal to a subsquent lien or bond claim.
However, if lien or bond claim protection is not available, there may be other options for recovery. Texas has "prompt payment" requirements that govern the time in which payment must be made to participants on private and public projects , and violation of those provisions can result in liability for interest and attorneys' fees.
Also, Texas has a construction trust fund law that sets requirements for how funds on construction projects must be used. Violation of these requirements can also result in the liability of the GC.