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What can I do to secure that we get paid for this project

Texas

we where the general contractors for this project 702 oakwood Trail, Fort Worth, Texas 76112 & a deadline is near & we are wondering what we need to do to secure our payment?

2 replies

Dec 3, 2020

Hello,

File a lien immediately (Levelset can help with this). Once the lien has been perfected, you will need to sue in District Court to enforce it as, alone, the lien does not do anything but cloud title.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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Dec 3, 2020
As a general contractor in Texas you have the benefit of a Constitutional line.   Most contractors, particularly subs, think in terms of a statutory M&M lien.  In fact, subs can only use a statutory M&M lien and they are, particularly in Texas, very complex.  However, for general contractors, the Texas Constitution provides a lien that automatically attaches without you doing anything other than providing the work.  However, you need to file a lien affidavit in the county records to notify the world of the lien.  If you do not do so and someone buys the land without knowing about your lien, your lien is extinguished and gone forever.  You can still pursue a claim for your costs; however, you are in a weaker position than if you have a lien. The next step, of course, is to pursue foreclosure of your line.  For this best to consult a lawyer.
--
Stanley P. Santire

Navigating the Challenges of Construction & Employment Law

SANTIRE LAW FIRM
Ph: 713-787-0405
Email: stanley@santire.com
 
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