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Unpaid projects past dates to file

TexasLawsuitMechanics LienPreliminary Notice

I am a subcontractor who has not been paid on several projects that we have past the normal deadline to send a registered letter to the contractor for the unpaid balance and also past the 15th day of the third month. Is there anything we can do to recover the balance we are owed?

3 replies

Nov 13, 2020

Very often yes. While your company may have missed deadlines to secure statutory liens, that is a very common issue and it typically does not mean you cannot send demand letters, threaten lititgation, and if those attempts fail, file suit against the nonpaying general contractor under probably several causes of action.

This is exactly the type of cases/litigation my firm undertakes on behalf of subcontractors.

Please feel free to reach me directly if you'd like to discuss these various projects.

Very best,

Ben House

281-762-1377

ben@houseperron.com 

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Nov 13, 2020

Hello,

Yes. You can sue the general contractor for breach of contract and a number of other causes of action and you can sue the property owner for a few causes of action as well. You have to sue them both at the same time, though.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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Nov 16, 2020
Absolutely.

You still have a contract claim, but you may have lost your ability to lien the property (or not). You’d need to closely review the Property Code, project history, to determine that.
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