We completed hurricane work at a chain of movie theaters in Texas in excess of almost $2 million back in March and have not received payment. We have not sent any demand letters, but need to know what we can do, if anything at this point. Our office is based out of GA, and here you only have 90 days to place a lien.
Hello,
You sue. You send your demand letter to the property owner, sue them in District Court in one of the counties in which a property is located. Your causes of action are going to be Breach of Contract, Quantum Meruit, Promissory Estoppel, Violations of the Prompt Payment to Contractors Act, and Rule 185. You proceed to court and, once you get a judgment, you will leverage the judgment against the commercial property and start to foreclose on and sell movie theater buildings until your judgment is paid.
100% of Texas cases go to mediation so there will be a chance for the Property Owner to try to settle with you before it gets to trial.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com
Perfection of a mechanic's lien in Texas can be complex and convoluted -- unless you contracted with the owner of the property. You don't indicate your status as a original contractor (one who contracted with the owner or the owner's agent or a tenant) or a subcontractor for the improvements at issue. The lien perfection procedures differ based on status.
If you were an original contractor, you still have mechanic's lien rights under the Texas Constitution, as there is no specified deadline for the filing of a constitutional lien.
Retain a construction attorney to evaluate your legal situation and to provide advice. Pronto.
Good luck.
So we cannot place a mechanics lien at this point?
Hello again,
No. You are out on your Chapter 53 Mechanic's Lien rights. Those expired in July 2021.
You can try the Constitutional Lien (there is a difference between a statutory and constitutional lien) route but you still have to go to District Court and sue and follow the process I outlined above.
- E. Aaron Cartwright III
Did you contract directly with the owner or the owner's agent or a tenant? If so, you may have lien rights under the Texas Constitution.
You should actually retain a construction attorney and have the attorney review your contract and invoices and communications, and then provide advice.
Good luck.