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Need to file a bond claim or lien.

TexasBond Claims

I have sent intent letters for work completed in October 2021 thru levelset. I was trying to send a claim but it only allows a lien process.

1 reply

Feb 7, 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.

The propriety of your notices would be based on an evaluation of the nature of the work (commercial or residential), where you are in the contracting hierarchy (direct subcontractor, subcontractor to a subcontractor, supplier, etc.), when the work was performed, etc.

Good luck.

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