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Who should receive a copy of my Prompt Payment Demand letter

TexasPrompt Payment

I recently(11-07-2020) completed painting of the ceiling & walls in 16 condominiums(I believe they are individually owned ). As per a verbal agreement with the subcontractor I was to be paid $400 per unit. They have only paid me two separate payments of $300. I am still owed $6100 but the subcontractor makes excuses for why he has not paid me on the work I have completed. He pays everyone else but gives me the run around. I would like to send a Prompt Payment Demand and am curious if I should also send a copy to the GC, Condos, and each named owner (according to county property records)? If this does not get me paid can I file a lien and should I include notice of intent to file a lien in my demand for payment letter? Thank you for your time and assistance.

1 reply

Nov 17, 2020

Hello,

This one is very involved. It sounds like you are a 2nd tier subcontractor?

Property Owner > GC > 1st Sub > You?

One of the first things you need to confirm is the actual owner of the condos. If the condos have been sold, the property records should show the current ownership. If the Property Owner still owns all of them as they have not been completely sold yet, that will make your life slightly easier.

Once you know who owns what, you do need to send a notice of intent to lien and you need to do it quickly as subcontractors have very strict deadlines. The notices of intent to lien should include fund trapping language and should go to everyone above you in the chain (see above) and they need to be sent Certified Mail. You may send one letter but you will need to specifically address each condo individually along with the balance owed for each condo individually.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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