We did work as a sub-sub-contractor on several public schools and a medical facility and the sub-contractor is not paying us. We filed notice of intent to lien and then filed liens on all eight projects. We did not understand that the next step was to file public notices so have now missed the deadlines to file those notices. Most general contractors are working with us to pay us directly but a few are not. We need to make sure we will be able to collect payment from the bond company if necessary.
You really should retain a construction attorney to evaluate your legal situation and to provide advice.
First, if a public school is involved, the Texas Government Code Chapter 2253 would govern the claims process, and there would be a payment bond posted to ensure payment. A subcontractor cannot validly impose a mechanic's lien on publicly owned property. Filing an invalid lien could subject the filer to statutory damages of $10,000, or actual damages, plus attorney's fees under the Texas Fraudulent Lien Act.
Second, you may still have rights to lay claim to retainage even if you missed other notice deadlines.
Finally, consider preparing a letter to mail by certified mail to your customer, the prime contractor and the owner to detail your claim and to request payment. Include your unpaid invoice(s) and a photograph or two of your completed work.
Good luck.
BOND IS TWO LEVELS DOWN.
ONLY RECOURSE IS TO SUE UPSTRAM CONTRATOR FOR DEBT