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Texas Preliminary Notice Questions
All Status
Preliminary Notice
Texas
A subcontractor contacted us for electrical upgrades he needed for a residential remodel he was working on. I dispatched our licensed electricians to meet with the GC. The GC explained what he needed done and our electricians discussed time and material pricing and the GC agreed and our techs started work. Billing was calculated daily and billed to the GC by mail. The GC did not pay and when we contacted the owner he said the GC had been fired and that he would be the new point of contact. We worked on more day and billed the owner. He did not pay either. We contacted the owner for payment. He said he wanted contracts which we have none. We only have daily Material and Labor records and Invoices that have not been paid.
TexasI am a California Contractor and I sent my guys to do work under a Texas Contractor at given rates. We payed my guys. We billed the Texas Contractor the negotiated rates. He is a Subcontractor of a Subcontractor and we are a Subcontractor under the Texas Contractor. We have invoiced him and have not gotten paid for over 90 Days. We did not file liens or Notice, but have been in constant contact, sending invoices and trying to negotiate a settlement.
I am aware of the Texas Prompt Payment Laws and that we should have been paid already. The total amount is about $38,000 and that covers five key sites and help with another 10 sites.
It is our belief that the Texas Contractor has been paid for our sites (Chase Banks), but has not been paid for some of his sites and he is using the site payments we worked on to float the payment on his other sites.
What recourse do I have to get paid on these sites?
Texasit is my understanding pre-lien notices are due the 15th of the 3rd month after services have been performed (we are the subcontractor) at what point is the lien to be filed?
TexasWe need to know if there is avenue to file a lien on a residential job in Texas. We have been told that certain things (like a contract filed with the county) have to be in place before a lien is filed on a residence.
TexasWe have multiple jobs where we file a 2nd, then 3rd, then its time for the 4th. We currently do not aggregate all outstanding debt for that job to the fourth month notice we file the fourth, and then any subsequent filings for the additional 2nd and 3rd months notices as required. Our concern is what do we do with the additional amounts when they come due for their own fourth month notice. File another or amend the original?
Texas