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What are my legal rights.

I am a subcontractor in Texas. I hired extra contract laborer's to help me finish a job. My general contractor fired me and hired some of my laborer's. He refused to pay me for the weeks work. the other guys money. What are my legal rights?

3 replies

Feb 10, 2021

Without knowing more about the situation, generally speaking you might have rights to assert a lien against the owner's property where the project took place. You might also be able to make a claim against any retainage being withheld by the project owner that is owed to the GC. You may also have a breach of contract claim against the GC for failure to pay what is owed. The Texas Property Code has strict deadlines for giving notice to both the GC and property owner so it is important to act promptly and consult with a qualified professional to advise you about your rights in this situation. If you want to schedule a consultation to discuss your particular situation, you are welcome to contact me at bill@gus-gilbert.com . **Disclaimer: this communication and your receipt or use of it is not provided in the course of and does not create or constitute an attorney-client relationship, is not a substitute for you obtaining legal advice from a qualified attorney, and is not intended to constitute legal advice.

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Feb 11, 2021

Hello,

Your rights are lien under Chapter 53 of the Texas Property Code and lawsuit for breach of contract, promissory estoppel, quantum meruit, etc., as Mr. Little mentioned. And you do need to pay attention to your notice deadlines under the Code.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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Feb 12, 2021

Clearly as a subcontractor you have lien rights. If you are not paid and you provide the proper and timely notices, you can put a Mechanic's & Materialman's lien on the property. The type of notices and the timing of filing the lien depends on whether the project is residential or commercial. As a subcontractor to the general contractor the notice filing requirements are less demanding than if you did your work for another subcontractor.

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