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How do you file a work stop notice for failure to pay

TexasConstruction Contract

We have a project where we have not been paid based on payment terms and want to issue a Work Stop notice to pull of the site if necessary.

2 replies

Aug 5, 2022

Dear Contractor,

You must follow the provisions of the contract regarding the payment and work stoppage. Without reviewing the contract it is hard to advise you. I will be glad to do so if you can send it to me. Also, at the very least, you should notify by Certified Mail-Return Receipt Requested and Regular U.S. Mail, the owner and the general contractor.

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Aug 5, 2022
This is a complex issue and cannot be properly answered for your particular situation based on the information provided. Basically Texas has two statues popularly referred to as "Prompt Pay" Acts. One is for public projects and the other is for private projects. The one for private projects is Texas Property Code 28.009. This gets a little tricky because a distinction exists between how to deal with residential compared to commercial projects. A very good article exists by Alex Benarroche of Levelset. You can Google the phrase "Texas Prompt Payment Act What Contractors Need to Know" or go to this URL to for the article.
https://www.levelset.com/blog/texas-prompt-payment-act/
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