Legal Question in Business Law in Texas

Payment Pending

I have performed services as a sub-contractor but did not have a written agreement. I was told by the original contractor that payment would be made when the work was completed. I was not informed until after the work had begun that payment was to be made by the original contractor's client.It has been 45 days and I have not received payment. do I have any recourse since I do not have a written contract?


Asked on 1/15/01, 12:35 am

2 Answers from Attorneys
David Leon David L. Leon, P.C.

Re: Payment Pending

If you can prove that you did the work, you could see about filing a mechanic's lien against the property. Aside from that, you could institute an action against the contractor In the future, it would be in your interest to get some sort of written agreement, be it a work order with payment terms or some other writing.

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Answered on 1/30/01, 11:23 am
Kathleen Slaydon Kathleen Amelia Slaydon P.C.

Re: Payment Pending- You don't have to work for free

You certainly have a claim against the general contractor. You would need to get your bills to the contractor together and be prepared to present them (as in, mail them and ask to be paid). Unless you have a written contract, you are not entitled to charge interest greater than 6%, starting 30 days after the bill is due, so make sure your bills have a due date on them. If you are near Houston, you can reach us at (713) 221-5444, and if you are not, we know people around the state who do this sort of work.

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Answered on 1/30/01, 2:11 pm


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