I am a sub-contractor for a Pool company, building their outdoor structures. We fronted all materials and labor but then had to wait on them to complete decking, electric etc before we could finish the last 10-25% of our responsibility. While waiting, and after requesting partial payment (which they paid), we had a meeting to discuss pricing and made a verbal agreement which they are now backing out of. We were told we would have to get an attorney to get paid the remaining portions so some jobs were left unfinished, while 100% completing others that have also not been paid for. We gave them a job credit in fairness on unfinished projects but still they wont pay the agreement made in the meeting. I have filed the first monthly notice that Texas requires and have about 3 weeks to file the lien. Would it be best to send a demand letter first since I still have time to send a lien notice? And since the agreement was verbal and not written, is it best to stick with the initial charges before the meeting? (which winds up being more, actually).
Hello!
There appears to be quite a bit going on here. Let's unpack what we can.
The agreement. Make a list. I am unable to completely follow everything that happened here. The only real question is, "How much are you still owed after adjusting for job credit and unfinished work?" Basically how much work did you do that you have not gotten paid for? What is that number?
Lien Notices. These are already basically demand letters. Feel free to send a demand letter in a different format in addition but the lien notices are the most important parts.
Causes of action for nonpayment are: Breach of Contract, Quantum Meruit or Promissory Estoppel (as appropriate), Sworn Account, Breach of the Prompt Payment to Contracts Act, and potentially Breach of Fiduciary Duty (depending on who has the money). Venue is proper is a District Court, not in small claims court if you planning to lien.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com
According to our records, the amount for finished work is just under $17,000 between several job sites. We corrected invoices per their recommendation (adding charges for posts and removing charges for tongue and groove) after a meeting discussing these charges. Now they say they did not agree on that. I made an offer for this $17,000 leaving out any unfinished work/job (anywhere from 10-25% of the job was unfinished) because they owe us on larger jobs more completed than 2 smaller jobs less completed. It balances out. I wanted to make it easy but they wont pay anything. Do I have any rights toward placing liens if there was no written contract?
Hello again,
Based on the information you have provided here, it sounds like you still have lien rights so long as the properties are not homesteads. Your liens are based on the labor and materials provided to each property, though. Keep that in mind.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com
If there is no agreement from specific documents or contracts, is it easy to get benefits back?