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Texas Questions
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Texas
We did work for Frito Lay & the contractor has continued to lead us to believe that they will pay but has failed to do so. We have sent monthly statements via Quickbooks and asked for updates. Each invoice has also been emailed individually. We also have signatures on each day the work was completed where the customers agrees to pay the total amount and confirms completion of work. We do crane work btw.
Please let me know if quickbook statements or job site tickets count as a Texas Monthly Notice?
TexasHello,
I have filed a couple of liens. I have been threatened by the attorney for the company I have placed the lien against. The attorney is saying that my liens are illegal under Texas law and show a clear intent to harm the company and defraud the project owners because I put the reason for my lien as unpaid sales commission and that is illegal. They are threatening $10k fines for each lien and litigation.
This is my first time filing liens and I probably should have described what the sales commission entails. I was getting 3% of the total contract to perform the following services: the creation of bids, project planning, original fire sprinkle layout designs that are submitted to the city and other authorities, and post-award planning. I am an independent contractor with my own business. The client is trying to claim that I am an employee although I was never paid on a w-2.
My question is: How important is it to show the exact scope of work on my liens? If I need to list out all the work can I send a supplemental document to attach to the lien.?
Or, Is it necessary to pull back and refile the liens since I did not describe my services in detail only wrote the figure I was owed as "unpaid sales commission"?
I would love to get an answer about what to do as soon as possible as the lawyer is threatening litigation within 7 days.
Thanks
TexasWe 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?
TexasWhen 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?
TexasWe did work as a sub-sub-contractor on several public schools and a medical facility and the sub-contractor is not paying us. We filed notice of intent to lien and then filed liens on all eight projects. We did not understand that the next step was to file public notices so have now missed the deadlines to file those notices. Most general contractors are working with us to pay us directly but a few are not. We need to make sure we will be able to collect payment from the bond company if necessary.
TexasMy levelset settings are saying "your payment rights are at risk because you missed a deadline". I'm unsure as to what deadline I've missed. Payment issue is on invoices in August. September I sent out a monthly notice, notice of intent and a payment reminder. October I sent out 2nd payment reminder and line/bond claim to the surety Our contract with the company was a time/material contract. They paid all invoices up until the final one. Our contract had zero retainage being held. So there is no retainage claims to be made.
TexasStarted a project for a GC and submitted 2 unpaid invoices in June and August. Project is currently under a new GC. $10,000 in material is currently sitting on the job site which we invoiced 100% as agreed. We are unclear on which GC to lien or the developer. Should we lien the project with material still there or have the material picked up, then lien.
TexasI was hired to install 2 fireplaces and provide the pipe and other materials. I completed the initial part of the work on 07/26/22. I have installed 2 fireplaces and need to finish the top part but had to wait for the siding to add the termination cap on. Customer is acting as general contractor on a new build and has made a partial payment of $3050 with an outstanding balance of $1970. The outside is finished and ready for me to complete but the customer has dropped all communication. At what point, can I file a lien? Thank you!
TexasI have a couple of liens already filed in the county clerk's offices in Texas. They have been just sitting there with no changes made to the properties. My health is declining and there is a possibility that I may pass away before these liens are paid. I would like to know if there is a organization or induvial person that would be interested in buying these liens from me and they collect from the property owners when the time is presented. ? I realize I would be selling the liens for less than the amount the liens are to be getting when they are paid.
Texasim dealing with a client who wanted me to give them an estimate before they had decided on materials they wanted put into their home. In a email I sent to her, I stated that the price will be mostly dictated by the cost of the materials they choose. I then also included in the invoice notes that "this is your labor cost for your project" they pay a deposit ( I've had material supplied by homeowners before and it's just a headache ) so I offer to get the materials for them. I bid the flooring project of about 1060 Sq ft at 3400. They choose flooring that cost 2.69 a ft. Under the impression it was clear about it being a labor price I then bought the materials. So I bought 3100 dollars worth of flooring materials and now they're acting like reimbursing me is a complete surprise. Is there any hope or am I just screwed? She's been extremely careful to not breach the contract. Which tells me she knows exactly what she is doing. I just want to get my money back at this point.
TexasI am in Texas.
In my contract's General Conditions, I cannot file Lien. If I file would it be a breach of contract???
Thanks
mbhatti@avsservices.com
TexasI'm am a subcontractor we finished a project over 2 month ago . We have run into an issue where we dug up an electrical line so we submitted a claim under our insurance. The insurance is still pending . The customer decided to deduct the electric bill off of our final bill. We still need to finish paying contractor
TexasI am the owner and I hired a GC. We opened in Dec 2021. A contractor filed a lawsuit for the remaining balance. He didn't finish the project and walked off completing 85%. Also ran a sky track over the pool deck and caused 18k over in damages along with the remaining work that had to be immobilization and completed of 22k. Is retainage due if the sub-contractor walked off the job?
Texaswe agreed to a certain scope of work and GC made contract very vague where is generalizing installation of certain items that we do not agree with, is there a way we can get out of the contract?
TexasI sent a notice of intent to lien on a project. However it was 7 months ago. They still have not paid. What can I do?
Texas