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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
Anonymous Contractor
2 answersAdd commentSep 17, 2020
TexasConstruction Contract
I am an electrical subcontractor and I "file" or I thought we file a mechanic lien but apparently they only send a threat letter, as they did not sign the document sent neither recorded the lien. My client, who has not paying us, hired Andrews Myers and they send us a Demand to Cease Threats of Invalid Filing letter, (here is where I found out that level set did not recorded the lien) They are claiming that we failed to record a lien affidavit in the time required. They said we should recorded it by November 15, 2022 as last labor and material was completed on July 2022, and the job that we did recently back on april, 2023 was not allows to revive the timeline to record the lien, based on the Chapter 53 of the Texas Property Code, my question is - How can we proceed with out having a bad record? They owed us $6,786.90 since July 11, 2022, with the received letter from they attorneys, we assumed they do not have the intention to pay us - Can we contact or client directly and aske them again for payment or from know on do we need to talk with the attorney? - Our case is lost? on January 23, 2023 I received an email from our customer account receivables department, asking us to sign final waiver, I told the that we have not been paid in full, they told me Valvoline, their customer will release the retainers after they receive all final waivers from subcontractors, I signed, notarized and send the final waiver. On March 10, 2023 we received an e-mail from our customer, the subject is: Euless outstanding punch-list issues, we completed the outstanding punch lists items on April 14, 2023. For us, a job completed under a Punch-List is part of the original contract, it is not a "warranty work, replacement work, and/or repair work" specified on Section 53 of the Texas Property Code, are we right? with this been said, our framing time to file a lien is active/correct? We just want to know what to do, how to proceed, as we had never before had a demand...Read More
Anonymous Subcontractor
1 answerAdd commentJun 5, 2023
TexasMechanics Lien
I am a subcontractor in Texas who has recently gone through arbitration. The Arbitrator found that we would have been entitled to escalation, however we signed those rights away by not doing a carve-out for a potential, unknown dispute as we did in our final unconditional waiver (when the dispute was known AND we wanted our retention before arbitration). Below is what he stated in reference to the monthly, Texas standard, releases. Obviously, I think he is nuts, have you ever seen case law like this or case law that is against his finding? Any feedback would be appreciated. ****************************** By way of counterargument,XX Contractor XX raises the affirmative defense of waiver based on the thirty plus payment waivers submitted monthly by XX Subcontrator XX to secure monthly payment draws. In reviewing the documents and hearing exhibits submitted, I note that only on the final payment application waiver did XX Subcontrator XX make any effort to reserve its rights to the previously submitted PCO 93. The inclusion of this reservation indicates that XX Subcontrator XX was aware of the necessity to include such waivers should it desire to preserve any type of pending claim as contemplated in the progress payment waiver language. XX Subcontrator XX’s failure to include such reservations on the prior pay application progressively waived any possible entitlement to the extent any such entitlement was available for the limited class of impacts (delays caused by other trades, contractor, Owner, acts of God or Vandalism) for which XX Subcontrator XX had conditioned its right to seek costs by contract modification. Therefore, Titus waived its right to recover costs and I find XX Subcontrator XX has no entitlement based on this series of waivers without reservation of rights....Read More
Anonymous Subcontractor
1 answerAdd commentJun 15, 2023
TexasLien Waivers
I am a small residential contractor and filed a lien against a Homestead Exempt property in Texas, a week later, I released the lien and notarized my signature. A week later, I re-filed the same lien with a lower amount. Is it ok to re-file if it was released? Can the homeowner take any actions against me? I am in Texas. Thank you....Read More
Anonymous Contractor
1 answerAdd commentJun 15, 2023
Texas
Hello, We received a notice from our client that they filed for bankruptcy. What are our legal recourse?...Read More
Anonymous General Contractor
1 answerAdd commentJun 14, 2023
Texas
I'm a property restoration contractor that performed water mitigation at a property in the Woodlands, TX and am now not being reimbursed for my services. They signed the work authorization agreement and paid a deposit but now owe me @ $16,000.00....Read More
Anonymous General Contractor
1 answerAdd commentJun 2, 2023
TexasMechanics Lien
Homeowner did not pay for roof replacement on an insurance claim. I placed a statutory lien on my own. His house is currently for sale....Read More
Anonymous Subcontractor
1 answerAdd commentSep 21, 2018
TexasMechanics LienRight to Lien
I missed a claim deadline and my payment is not protected. I am wanting to know the step I need to take in order to file a claim against the payment bond....Read More
Anonymous Subcontractor
1 answerAdd commentJun 19, 2023
TexasBond Claims
I'm the genereal contractor on a residential remodel. I started the job on 01/12/22 and finished on 05/31/23. Levelset is giving me an error message when creating my NTO it says I missed a deadline??...Read More
Anonymous General Contractor
1 answerAdd commentJun 19, 2023
Texas
We have closeout documents being requested (G706/G706A) forms. We have not been paid retainage or our last billing cycle for the previous month. Do we need to identify this on the forms as "exceptions" or do we go ahead and sign the documents/notarize?...Read More
Kaitlin Mireles
1 answerAdd commentMar 3, 2023
TexasLien Releases
We are the GC on a commercial construction project and a subcontractor sent us a notice of claim for unpaid labor or materials for amounts outstanding even though the amount listed is the retainage held on their contract. They have not finished the project, and retainage has not yet been billed. How can they file a notice of claim against it? Shouldn't they have filed a Notice of Contractual Retainage at the beginning of the project if they were trying to preserve lien rights. I believe they sent us the wrong notice....Read More
Anonymous Contractor
1 answerAdd commentJun 7, 2023
Texas
Customer made full payment, how do post this on the account. No further action is required....Read More
Anonymous Contractor
1 answerAdd commentMay 29, 2023
Texas
We put a lien on a project and the sub is still not paying. What is next?...Read More
Anonymous Subcontractor
1 answerAdd commentJun 13, 2023
Texas
Can I file a mechanics lien on a commercial job with my current service authorization. The authorization states that payments are due within 15 days of the invoice, but it doesn't have any specific verbage about the right to file a lien. The Service Authorization is typically signed by a property manager. ...Read More
Anonymous General Contractor
4 answersAdd commentMay 19, 2020
TexasMechanics Lien
GC in Texas - we had a project that was active and put on pause for a while because of covid. Work picked back up again in March when we finished and sent our final invoice. Since March we have been back doing punch list items. Is the mechanics lien deadline based off of the invoice we sent in March or the last day we worked on the project?...Read More
Anonymous Contractor
3 answersAdd commentJun 10, 2021
TexasMechanics Lien