Legal Question in Construction Law in Texas

Can I Get Paid?

I own a small tile installation business. A job I am on is going overschedule

due to the fact that the subcontrctor that I'm working under seems to have

NO experience (under-orders, has us install and tear out wrong tile). We had

a verbal agreement that I had to be done by a certain time (due to other jobs I

have) and the contractor has gone way over. I submitted a bill for the work

I'd completed and he signed it. Now he only wants to pay 800 out of a 1850

bill. He wants me to stick around and wait for more tile to come in (his

second wrong order) and for me to just put off my regular customers. How

can I get paid?Thanks!


Asked on 10/29/04, 7:13 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Can I Get Paid?

Charles White has put you on the right path. It is critical that the notices are sent by certified mail, return receipt requested. Failure to use certified mail can render your notices useless.

Pay close attention to the timetables, since you are a third-tier contractor. Miss it by a day and you're out.

Get the notice of non-payment to the prime and the owner ASAP, and the owner or prime may pay you.

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Answered on 10/29/04, 11:57 pm
Charles White Charles G. White

Re: Can I Get Paid?

By not paying on schedule, he has breached his agreement with you, and you are entitled to pull off of the job until you are paid current. For the balance owed, you are protected by the Texas mechanic's lien laws. For some self-help information on Texas mechanic's liens and forms, go to:

http://www.cwhitelaw.com and click on

"Texas Mechanics Liens" which appears in the center about half way down. If it is homestead property, you may have a problem.

You always can sue for the balance. Small Claims Court takes claims up to $5,000.00, and most often is handled without lawyers.

Good luck!

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Answered on 10/29/04, 9:06 pm


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