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San Marcos Library - City of San Marcos TX

TexasBond ClaimsMonthly NoticePayment BondRecovery Options

We are working for JE Dunn doing the demolition in phases for the remodel and expansion of the San Marcos Library for the City of San Marcos, TX. We started work on February 18, 2020 which was a time and material change order to our original contract. It took JE Dunn February, March and part of April to issue the change order that they signed our CO proposal for the work. We also did work related to our original contract. We billed the change order (which was finally issued and per JE Dunn approved) and the additional work we did on April 21, 2020. We have not been paid for this work. We are looking at 45 days since pay app and no money yet we started working in February. JE Dunn has provided their bond information. What are our options?

1 reply

Jul 1, 2020
When unpaid on a Texas public project, generally, the best tools for forcing payment are to make a payment bond claim, to make a claim against the project funds, or to do both. Those claims tend to force payment without having to get lawyers involved, in many cases. Levelset discusses those claims in great detail here: Texas Bond Claim Guide and FAQs. Of course, in order to do so, there may be required notices - which you can read about here: (1) Guide to Texas Public Monthly Notices; and (2) Texas Preliminary Notice Guide and FAQs (scroll down for public project FAQs). Beyond sending notices and making the claims mentioned above - legal claims may be on the table, too. Claims like breach of contract or under the Texas prompt payment laws might be available (among others), and simply threatening to bring those claims, via demand letter, could get you paid. More on demand letters here: Construction Demand Letters – How To Write One That Gets You Paid. And, certainly, if things are getting contentious or if you're considering pursuing legal claims - consulting with a Texas construction lawyer could be a great option. You can find one here: Find a Texas Construction Lawyer.
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