250 LF of fencing replaced & stained at a condo complex in Dallas Texas. Work was completed Dec. 23rd. We requested payment to close out our invoice & they stated they needed time (Until Jan 7th) so their Maintenance Manager could return from vacation to do a final inspection and let us know if there were any punch list items. During this time we sent an Intent to File a Lien through Levelset. We received a punch list in the mail January 16th. We reached out to say we would respond to the punch list but we needed some time to complete a separate project we had previously committed ourselves to begin & complete according to a strict deadline. We are a small business with limited man power so work was not able to resume at this property until we completed our other project. We had some setbacks & then experienced weather set backs. Now we have received a letter terminating our contract & an estimate from a different contractor to complete the punch list that was sent to us. Our total labor cost to do the whole project invoiced was $4500. The new contractors estimate to complete our punch list was sent as $6525.00 The property management is requesting for us to pay them the difference of $2025.00 to get the punch list completed by this other contractor. Can we place a lien on this property? Is there any way to ensure we can complete our punchlist & get paid for all the work completed?
If you contracted with the property owner (or its agent), then yes you likely have the legal right to file a lien, but I can't tell you yet if you should. It seems to me the owner placed you in a very unfair position in delaying the punchlist, and it seems completely reasonable that you woudl have accepted additional work in the meantime. However, the terms of the contract itself are critical.
I would be happy to take a look at this issue for you. I would consider this an initial consultation and there would be no charge. You can call or email me direclty.
Very best,
Ben House
281-762-1377
Ben@houseperron.com