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Need to file Prelimimary Notification

IllinoisPreliminary Notice

I am a subcontractor, who completed the job in Texas in November 6, 2021. My customer is not responding to my emails and is not paying the outstanding invoices. How should I move forward, what are the next steps? Thank you!

2 replies

Jan 31, 2022

You are a subcontractor who performed work on a project in Texas in November 2021. 

First, the Illinois Mechanics Lien Act only applies to projects in the State of Illinois. To learn about your lien rights in Texas, I recommend contacting Texas Construction Counsel.

Second, remember that lien rights are the sole means to reach the owner of the project. If you are too late to enforce your TX lien rights, you have no recourse against a party with whom you have no contractual relationship (such as the owner).

Third, unlike the owner of the project, you do have contractual privity with the GC that hired you. If nothing else, you may sue that GC for breach of contract, unjust enrichment, and potentially for breach of fiduciary duty due to failure to turn over proceeds to you as the sub.

I hope this information has been helpful. Best of luck.

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Feb 2, 2022
I do not practice law in Texas.
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