I sent a prelim notice for the first invoice, which prompted immediate payment on that invoice, but now the second invoice is past due which was not included on the original notice because it had not been past due at the time the first notice was sent. ...Read More
We recently finished a building that includes three condos. Each has its own address. Do I have to file a lien notice on each address or is there a way to combine them together so we cover the entire building? ...Read More
We are an architect and interior design firm and wonder if we can still file lien against the client on nonpayment for design work for a lease space. The client may have a share of ownership on the property, but we are uncertain. Assuming they do not, can we still proceed with lien filing?...Read More
I am a sub-contractor for a Pool company, building their outdoor structures. We fronted all materials and labor but then had to wait on them to complete decking, electric etc before we could finish the last 10-25% of our responsibility. While waiting, and after requesting partial payment (which they paid), we had a meeting to discuss pricing and made a verbal agreement which they are now backing out of. We were told we would have to get an attorney to get paid the remaining portions so some jobs were left unfinished, while 100% completing others that have also not been paid for. We gave them a job credit in fairness on unfinished projects but still they wont pay the agreement made in the meeting. I have filed the first monthly notice that Texas requires and have about 3 weeks to file the lien. Would it be best to send a demand letter first since I still have time to send a lien notice? And since the agreement was verbal and not written, is it best to stick with the initial charges before the meeting? (which winds up being more, actually)....Read More
Completed the workmanship and Invoiced on 11/17/2023. We have received from Contractor two payments since August 2022 and not the full amount of invoices. 1. Do we include the 10% retainage on total amount due? The total amount due including retainage $34,139.43 (10% Retainage $11,200.00) 2. We have not received a date from Contractor if there is a final touch up for any workmanship to complete....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?...Read More
We have been having a swimming pool, covered separate patio, and landscaping construction done. Our total contract was in the amount of $70,000.00. We have paid a total amount of $66,500.00. Our swimming pool has several problems with the construction that need to be fixed. Our contractor makes appointments and does not show up over the past 2 months. Today, I received an intent to lein from a company that bought our contractors receivables. It says we owe $19,495.00. That is absolutely false. What do I do?...Read More
When we are looking at our schedule on when to file liens, our time starts when we first begin work. Is this the correct sequence or does it start at a different time?...Read More
I am not sure what I need to do. I have sent my Preliminary Notice and notice of Intent to lean. Here are my issues. The couples names are Rick and Dena. They own the house where my work was done which is in Burleson. No one lives in the house because it is now on the market. They live in Fort Worth. I could not find a email address for Rick and levelset mailed certified letter to the Fort Worth address. I get this from USPS saying No Such Number, FORT WORTH, TX 76102, October 3, 2022, 9:30 am. No Such Number FORT WORTH, TX 76102 October 3, 2022, 9:09 am I know the address in correct. So the email I had found for Dena is no good. She was also sent a certified letter but says Notice Left (No Authorized Recipient Available) Rick was in Europe for a month and his pool guy was the one I was communicating through as well as Rick through a 3 way text messages. I have Darrell the pool guy was acting like the GC so he got emailed which show he opened it but got Notice Left (No Authorized Recipient Available). So not sure what I need to do to be able to get the certified letters to them. They do own a bar/restaurant in Burleson. What do I need to do now?...Read More
I am a subcontractor and have filed intent to lien. The GC wants to have a meeting to discuss. Do I need an attorney present? Or do you ace advice on how to handle. ...Read More
My sister bought a house from a builder that was new construction, the sale happened in 2019 and a general warranty deed was prepared. Now she's trying to sell the property, and an M&M lien has popped up that was placed on there in 2020 from someone the builder hadn't paid. Help! ...Read More
I acted as a sales rep for a pergola build with solar attached to the canopy/roof.
I subcontracted myself to source labor/materials for the build when the solar company became backed up with too much work.
The documents signed are for the solar system and client agreed to the pergola and system to be installed. Client was sent plans, given notice I was filing them with the city as what would be built on his property, and he replied affirmatively.
I spent 4 days (February 7th and 11-13th) building the pergola with my team.
The moment we were completely done with the pergola the client claimed it was not what he wanted and not what he agreed to. Disagreement ensued. I was kicked off the property and I left.
Client has been unresponsive for a week.
The financing was structured that the client would not pay anything out of pocket until solar end was completely installed and the system turned on.
The client has not allowed the inspection for the Pergola permit yet.
Can I file a mechanic’s lien?
When should I give him a notice of intent to put a lien on his property?
What are the next steps I can and should take?...Read More