I was contacted by the building owner about a mechanic lien I filed. I was told the project engineer spoke with the subcontractor (JN Glass) that has failed to pay me for my service and material and stated to them he had a dispute with my total charges. They emailed him stating he should resolve this matter with me. They also said they signed a lien waiver from the subcontractor (JN Glass) indicating he was paid in full. How do I move forward in this situation? It feel as I am back to my original position. The material in that building is still unpaid for as well as our labor. What can I do?...Read More
Hello,
My question is pertaining a service we provide, we do machine moves, so we will provide transportation for dozer or track hoe or roller, etc. I wanted to know if we have a final address to where we can this service on to levelset.
Thank you,...Read More
We are an equipment rental company in Texas. Is the last date of labor performed/materials furnished the day we drop the equipment, the day we pick it up, or the last invoice date?...Read More
Payment and retainage is still not being paid and they are telling me it wont until the law suit with another subcontractor is finished. I need guidance and a local lawyer in Texas to help me....Read More
I am an electrical subcontractor and I "file" or I thought we file a mechanic lien but apparently they only send a threat letter, as they did not sign the document sent neither recorded the lien.
My client, who has not paying us, hired Andrews Myers and they send us a Demand to Cease Threats of Invalid Filing letter, (here is where I found out that level set did not recorded the lien)
They are claiming that we failed to record a lien affidavit in the time required.
They said we should recorded it by November 15, 2022 as last labor and material was completed on July 2022, and the job that we did recently back on april, 2023 was not allows to revive the timeline to record the lien, based on the Chapter 53 of the Texas Property Code, my question is
- How can we proceed with out having a bad record? They owed us $6,786.90 since July 11, 2022, with the received letter from they attorneys, we assumed they do not have the intention to pay us
- Can we contact or client directly and aske them again for payment or from know on do we need to talk with the attorney?
- Our case is lost? on January 23, 2023
I received an email from our customer account receivables department, asking us to sign final waiver, I told the that we have not been paid in full, they told me Valvoline, their customer will release the retainers after they receive all final waivers from subcontractors, I signed, notarized and send the final waiver.
On March 10, 2023 we received an e-mail from our customer, the subject is: Euless outstanding punch-list issues, we completed the outstanding punch lists items on April 14, 2023. For us, a job completed under a Punch-List is part of the original contract, it is not a "warranty work, replacement work, and/or repair work" specified on Section 53 of the Texas Property Code, are we right? with this been said, our framing time to file a lien is active/correct?
We just want to know what to do, how to proceed, as we had never before had a demand...Read More
I'm a property restoration contractor that performed water mitigation at a property in the Woodlands, TX and am now not being reimbursed for my services. They signed the work authorization agreement and paid a deposit but now owe me @ $16,000.00....Read More
Can I file a mechanics lien on a commercial job with my current service authorization. The authorization states that payments are due within 15 days of the invoice, but it doesn't have any specific verbage about the right to file a lien. The Service Authorization is typically signed by a property manager. ...Read More
GC in Texas - we had a project that was active and put on pause for a while because of covid. Work picked back up again in March when we finished and sent our final invoice. Since March we have been back doing punch list items.
Is the mechanics lien deadline based off of the invoice we sent in March or the last day we worked on the project?...Read More
We are intending to turn over an unconditional waiver for the amount received but are unsure what to do with the recorded lien. Do we release and then file another for the outstanding amount. Someone in our office mistakenly indicated that we would remove the lien if a partial payment was received. The remain outstanding amounts are equal to contract provide retention....Read More
I have been working for a client where it started off as a large project that they kept increasing the scope. I failed to get a signed contract on the upgrades (not normal for me but there was extenuating circumstances). Then the work turned into ongoing maintenance that I also did not get a signed contract for but the homeowner and I had ongoing conversations that they knew they owed me a growing balance. I have pictures of the improvements and us working there and copies of all the texts. They continued to order more work usually via text and now when I finally sent an updated bill they are saying the bill should be less than 25% of what is owed. Total change of attitude. So my question is, do I have any ability to file a lien at this point?...Read More
GC owes me roughly $55,000 in completion and retainage funds. They also owe several other subs. They owe one sub over $250000 and he has a law suite. The GC is telling me that this is holding up my money....Read More
A client kept promising to pay me but the house was on the market for sale. It looks like its sold but he still has not paid me. Says as soon as it funds he will. If he does not end up paying me do I have to file a lien on the property for the new owners to put pressure on the seller? I really hate to do that....Read More
I'm a subcontractor that did some work on numerous units for an apartment complex in December of 2022 and successfully completed job in January 2023. Out of the 44 invoices I submitted only 2 got paid. How can I go about filing a mechanical lien or what should I do in order to get paid in full?...Read More
I am currently building a home. We terminated the contract with the builder due to material breaches of the build contract. Now, the bank with whom we have the construction loan requires the old builder to sign an All Bills Paid affidavit, as well as the Transfer of Mechanics Lien document to the new builder. The old builder is refusing to sign these documents, despite the fact that everyone has been paid. Sour apples, if you will. But it's holding up the entire process. Is there any remedy for owners other than litigation?...Read More