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What project type would this airport job be considered?

Texas

We did work for the Houston airport and the actual job address is: Terminal D IAH Airport Houston, TX 77032 The owner information that we were given is: Houston Airport Systems P.O Box 60106 Houston, TX 77205-0106 We are subcontractors hired by a General Contractor but not sure if this job type is considered "state/county" or if it would be something else. Any help would be much appreciated!

3 replies

May 6, 2021

Hello,

In all likelihood, it will be considered a municipal/government project. See if you can get a copy of the original contract between the GC and the Property Owner. The information you are looking for is also on the payment/performance bonds the GC was required to have before beginning work. You may request copies of all of these from the GC and they have to give you at least the payment/performance bond information.

Keep in mind that, if you have not been paid, you need to perfect a lien on the government project the same way you would perfect a lien on a commercial or residential contract. There are time limits to send notices.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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May 6, 2021

If the project is publicly owned, there may be a payment bond. If the project is privately owned, say by a tenant, then you may be able to make a claim against the tenant's leasehold interest.

You cannot file a mechanic's lien against publicly owned property, but may be able to lay claim to a tenant's leasehold interest in the property.

Retain a construction attorney to evaluate your legal situation, and to provide advice.

Good luck.

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May 6, 2021
Based on the ownership information you gave, the IAH project is a public works project, so your rights are governed by your contract and Chapter 2253 of the Property Code. The GC is required to post both payment and performance bonds, and is required to provide you with the bonding information upon request. As a practical matter the public entity that owns the project will usually do that, too. The notice periods are shorter than they are for a mechanic's lien but are still based on when the work was done and not whenever you may have sent your invoice(s). It would be a good idea to get a construction lawyer involved, because giving the notices on time and in the proper form is critical.
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