We are a concrete pumping company that finished a large commercial job in May and have not been paid. This was a job that was ongoing since 2/2022 at the same address. I only became aware of preliminary notices being a requirement and unfortunately only one invoice out of seven falls in the legal timeframe. My partners would like me to file a lien anyway. I am wondering if it is worth sending this one prelim out with the amount of the May invoice listed and also list the total of what is due and proceed to file a Mechanics Lien. An Intent to Lien has been sent along with monthly statements.
The legal analysis would start with a review of your contract and then extend to an evaluation of your position in the project hierarchy, and to any communications which have occurred.
Retain a construction attorney to assess your legal situation and to provide advice.
You should not file a mechanic's lien for more than you are legally entitled, as you could violate the Texas Fraudulent Lien Act. For violations of the Fraudulent Lien Act, you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees.
The notice requirements vary depending on your hierarchy so retain a construction attorney.
Good luck.
The legal analysis would start with a review of your contract and then extend to an evaluation of your position in the project hierarchy, and to any communications which have occurred.
Retain a construction attorney to assess your legal situation and to provide advice.
You should not file a mechanic's lien for more than you are legally entitled, as you could violate the Texas Fraudulent Lien Act. For violations of the Fraudulent Lien Act, you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees.
The notice requirements vary depending on your hierarchy so retain a construction attorney.
Good luck.