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What recourse do we have for unpaid invoices?

TexasBond Claims

We did work as a subcontractor for some schools, and have not been paid retainage. We filed a notice of non payment in March of 2021 and nothing has been paid or filed since then. Do we have any recourse to file a lien?

3 replies

May 12, 2021

If the school is a public school, then there should be a payment bond. If the school is publicly owned, you cannot file a mechanic's lien, but could file a payment bond claim. The payment bond claim should be in the form of a sworn statement of account to both the payment bond surety, and the prime contractor. You can review such form at The Construction Report at the following link:

http://www.TheConstructionReport.org

If the school is privately owned or is leased by a private entity, then you may have mechanic's lien rights.

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

Good luck.

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May 12, 2021
Retainage does not become due until the project is complete or the original (prime) contractor abandons the project or is terminated. There are still time limits in play, though, and it doesn't hurt to take steps to preserve your rights earlier than right up on the deadlines. As already noted, it's a good idea to get a construction lawyer involved to review your situation and provide advice that is tailored to your particular circumstances.
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May 13, 2021
If the school is a public school it is a public entity and you cannot file a lien on public property. You need to determine if there is a surety bond available and seek payment through the bond. If it is a private school, you can probably file a lien if you follow the necessary procedures.
 
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