Home>Levelset Community>Legal Help>Should I send a mechanical lien to the following project?

Should I send a mechanical lien to the following project?

Anonymous Contractor

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

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,003 reviews

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.

The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not
act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...

0 people found this helpful

Helpful