We are a Florida material manufacturer who supplied product to a subcontractor for two elementary schools in TX in August and September of 2022. We filed a bond claim which was denied based on notice deadlines. What are our options to get paid? Are we able to file a lien? Are we able to reclaim our product from the schools? The sub is still owed retainage from the GC. Are we able to claim the retainage?
You really should retain a Texas construction attorney to evaluate your situation, and to provide advice. It could be that you have lien rights at least against the retainage (if any is being withheld). You may also have claims against subcontractor for violations of the Texas Construction Trust Fund Act and/or the Texas Prompt Payment Act.
Good luck.