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Should I send a mechanical lien to the following project?

I have sent over monthly notices and intent to lien documents to the following construction company: Sage Construction LLC Houston, TX For the following project: Penske Truck Leasing 3206 East Abram Street Arlington, TX Sage Construction is refusing to pay me since I worked as a sub-subcontractor on this job, and the subcontractor(RK Reyes Construction LLC) did not advise Sage Construction LLC.

1 reply

Dec 29, 2017

As long as the requisite notices were sent to the parties required to receive them, a Texas mechanics lien is the strongest option to recover payment in construction. Prior to filing a Texas mechanics lien (on non-residential property), a lien claimant who does not have a contract with the owner or the general contractor must send a 2nd month notice to the general contractor as well as the 3rd month notice to both the general contractor and the owner. That a subcontractor failed disclose a sub-subcontractor will have no effect on the sub-sub's ability to file a lien. Whether or not this situation calls for a lien is ultimately up to you or your lien policy. However, when coming to that decision, be mindful of the deadline to file.

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