Concrete company does 6.4 million in work on a project in Collin County Tx. Last work was in December for DD Management, CEO is Ryan. 4 parcels of land included in the project with 4 different shell LLC names - all have the same managing member and/or CEO of the contractor - Ryan Ryan signed a promissory note in July 2022 agreeing to pay concrete company a minimum of $150k a week to keep him on the job and signed as CEO of DD Management and Owner of Platinum (mother company of all shell companies) - I believe this promissory note just wrapped Platinum into the mix as a responsible party. Ryan is CEO or Managing member of all companies involved: DD Management, Platinum, LLC Property owner 1, LLC property owner 2, LLC property owner 3, LLC property owner 4. One of the 4 properties is up for foreclosure Feb 7, 2023 I believe we are within rights to file a constitutional lien, followed by statutory mechanics liens. If I am correct in filing a constitutional lien, does the 6.4 million need to be seperated to a balance per parcel when it was excavation, dirtwork, and concrete on all 4 parcels of the project, or can the 6.4 lien be filed on each of the 4 properties? I feel that if he receives notice that mechanics liens are being filed, he will have 10 days to dissolve the companies, file bankruptcy, or make a move to shaft the concrete company out of 6.4 million. If the work dates back to early 2022 and the last work was done in December, are we within lien rights to file on the entire balance?...Read More
What does "article" mean at it pertains to scope of work on a jobsite. Constitutional Liens in Texas > Limitations on scope (eg., must be work on "article" or "building"....Read More
I'm a subcontractor who have had a bad experience with bad contractors not paying subs for the work furnished, filed liens and those liens were released by bonding off by surety. How would I file a claim, a foreclosure to get my payment. Please help. Thanks you Sir....Read More
i work for a company offering services to apartment complexes at Texas. We have an apartment complex that its not paying the invoices, they all are 70-110 days overdue. As a consequence, we were recommended to file a mechanic lien towards the property. My question is: should i file a mechanic lien towards the apartment complex or towards the property management company (that its the one who ownes the apartment complex)? Do i have lien rights?...Read More
Monthly "Forms" as a Sub-Contractor hired under contract by the Primary GC after Jan 2022.
I should be Sending
1. Initital Notice of Contractual Retainage or is it now Reserved Funds letter which I send prior to issuing our first draw once project begins? (Re: the 10% retaiange withheld from pay applications monthly.
2. Lien Waivers - Send Conditional with pay application monthly, and send Unconditional Waivers once funds are received and processed.
3. NEW - NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS is this form only sent IF payments are not received and should be sent on the 3rd month after non-paymnet, Is that correct? Or are they being sent with the Pay Applications in leau of Waivers?
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I started building a patio cover for a customer and building it the way they asked, the city shut it down and had to wait two months for approval to continue the work. Now that it’s approved to continue the city did an inspection on the framing but failed it and the customer will not allow my the chance to fix the problem so it will pass inspection and they are trying to fire me as the contractor....Read More
I am a general contractor working in Spring, Tx on a job, I just received a notice deadline that we have to file our contract with the county clerk for homestead improvement. I was unaware of this and not sure how to proceed if this deadline was due three weeks ago....Read More
Someone purchased a large amount of materials from us to be installed at their location. They only purchased the material through us. The deposit was paid by a cashier's check and cleared fine. The second half of the total due was paid by check and the check bounced. Can we file a lien on the location where the material was instll...Read More
Im debating this issue with my father and I do not see how this apply to residential projects when all the language appears to be for public and commercial projects....Read More
If the required lien notices must go out to the GC based on the completion date. What happens when we are working on a large commercial job and our part of the job is completed a month or so before the entire project is completed. The GC will not even submit for retainage to the owner until all aspects of the job are complete. So we do not expect our retainage to be paid yet but LevelSet requires us to enter a job completion date and this starts the countdown to the Lien notices required to go out. When our completion date was so much earlier and notices are required to be sent our GC's get upset but yet the lien notice is required. What is the work around for this situation?...Read More
I'm a subcontractor whose scope of work is complete. I filed the notice of claim for unpaid retainage on 12/30 and was wondering when I need to file a lien on the retainage....Read More
I have performed work, supplied materials and equipment on a project and have not ben paid. The money owed is mainly on material and equipment reimbursements. When we first started the project had 1 address to it which is what I have currently filled in to create a Preliminary lien document. Upon. The project is a Commercial project and consists of building Townhomes. The property sits on 20 acres or so and consists of 6 buildings with 2 townhomes in each building which is a total of 12 townhomes. As we began to complete each town home and receive Certificate of Occupancy for each one we were issued addresses for each one. So we do have 12 different addresses for each unit. Do I need to create a document for each unit and if so what do I do about the rest of property for I performed work on the entire property of buildings built and the entire 20 or so acres involved. The property / development does have a Name at front which is the The Cloisters of West Tawakoni. Again we have created a preliminary lien document for the entire development of The Cloisters Of West Tawakoni with the Original address given to it of 200 Mays Lane West Tawakoni Texas 75474. Seeking legal advice to this matter. Hope i have explained myself well enough. My number is 214-790-8899 or email alegacy@ymail.com. Feel free to contact me either way. Thank you very much for your help....Read More
General Question. We are an equipment supplier and we only rent/lease/sale equipment to our customers (subcontractor). Our business structure is to bill on a monthly basis. When equipment is rented we receive a contract with a job address that the equipment is on at that time. However, the equipment could potentially move to different job locations throughout the month. How do we send out monthly notices and potentially file a lien with our business structure?...Read More
On this commercial AIA project since Jan, standard AIA stuff we've seen before, including the conditional lien waiver. Now they want an unconditional waiver in order to get our first payment (after 2 other subcontractors have recently damaged the work we've done and had to fix/ redo). I would like to stop all work on this project, but I know I can't :-( What are my options? Thanks!...Read More