Menu
Home>Levelset Community>Legal Help>What is my next step since i missed a deadline ?

What is my next step since i missed a deadline ?

Texas

I am the sub and our GC has been in contact but the check never came. It looks like I missed a deadline. Please advise

2 replies

Jan 24, 2022

You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.

Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.

You may have rights to assert a mechanic's lien for retainage, which has a longer deadline

At the very least, you should consider preparing a letter to mail by certified mail, return receipt requested, to the GC to set out the facts and to demand the relief that you want. Attach your unpaid invoice(s) and photographs of your completed work. Make sure that your letter is professional and business like as it may be evidence later.

If need be, consider filing suit in small claims court (assuming that your claim is less than $20,000), using your letter as evidence.

Good luck.

0 people found this helpful
Helpful
Jan 24, 2022

Thank you for your response. I will move forward accordingly. 

0
Report Spam