Full question:
We installed voice and data cable at a hotel under construction in DeSoto, Texas. We required 50% down and 50% upon completion. They told us to invoice by Jan 20 and we would get paid Feb 15. We have still not been paid and there is lots of unpaid contractors. Should I file a lien? What is the best action to take to get paid?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Texas
Answer:
The decision to file a lien depends on various factors, including whether lien waivers have been signed and if other liens may take priority. In some cases, notifying the property owner of your intent to file a lien may encourage payment. However, be aware of the time limits for filing a lien in Texas.
A lien is a legal claim against a property to secure payment for work done or materials supplied. In Texas, there are different types of liens related to construction, including mechanic's liens. These liens can be filed by contractors, subcontractors, and suppliers for unpaid work or materials.
To file a valid lien in Texas, you must meet certain requirements. For example, you typically need to file an affidavit with the county clerk within the specified time frame after the debt accrues. For residential projects, this is generally within the third month after the debt arises (Tex. Prop. Code § 53.052).
Additionally, if you are a subcontractor, you must provide written notice of the unpaid balance to the property owner and the original contractor by the 15th day of the second month following the month in which the work was performed or materials were delivered (Tex. Prop. Code § 53.056).
If you choose to file a lien, ensure that you follow all legal procedures carefully to protect your rights. Consulting with a legal professional familiar with Texas construction law can also provide valuable guidance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.