Menu
Home>Levelset Community>Legal Help>If the lien deadline has passed, what would be the next step?

If the lien deadline has passed, what would be the next step?

TexasCollections

I'm a General Contractor that did work on a large commerical project back in June and still have not gotten paid. I know the lien deadline is passed, what else can we do?

3 replies

Jan 1, 2023

If you are a GC with a direct contract with the Owner on a commercial project, you have a constitutional lien which is set perfecting (i.e., there is no deadline). A constitutional lien is created as a matter of law and you can file a constitutional lien on the property at any time (with certain limits) and file suit to foreclose it. This is very different than a Chapter 53 Mechanic's & Materialman's lien. Consult an attorney to help do this.

0 people found this helpful
Helpful
Jan 2, 2023

Let a certified commercial collection agency licensed and bonded in Texas collect the debt on a contingency bases. This will cost you nothing upfront and the agency will only earn a small fee upon successfully collecting the account and depending on your contract, that fee can be added to the debt as ultimately cost you little to nothing to get your money. Let me know any questions as we are here to help. Best regards getting paid, Steve 

0 people found this helpful
Helpful
Jan 3, 2023
Your deadline for a statutory lien may have passed. However, you may still have a Constitutional lien. In Texas, a general contractor automatically has a constitutional lien for work done or materials supplied.. You need to file a notice in the county where the project is located to notify any potential buyer of the existence of the lien. If the property is sold without such notice, you lose the lien upon sale of the property. Your next step is to demand payment and then proceed to sue for the money owed plus foreclosure on the lien. Incidentally, if you have a valid claim you can also pursue reimbursement for attorney fees if you are successful.

 
0 people found this helpful
Helpful