Legal Question in Construction Law in Texas

Payment to Sub-Contractor

Is there a Rule or Reg pertaining to the Number of Days a Sub-Contractor is to be paid after a Contractor has been paid? What is the recourse if the Contractor doesn't pay in a timely Manner? This is a Business to Business transaction not Residential.


Asked on 12/10/03, 8:12 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Payment to Sub-Contractor

The contractor has an obligation to pay you WHETHER OR NOT he or she gets paid. Your remedy can be found in small claims court or, if the bill is over $5,000, in county court at law or district court. Small claims court is geared for self-help, but the larger courts are more complicated and you may need legal help. Best of luck.

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Answered on 12/10/03, 9:45 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Payment to Sub-Contractor

Usually the sub sets the time; i.e. net 30, or 10th prox. If the prime doesn't pay, then the sub needs to send timely notice of non-payment to both the prime and the owner, certified mail return receipt requested, and be prepared to proceed with a Mechanics & Materialmans Lien Affidavit to secure payment unless it's a government job. In that case, notice has to go to the surety that's bonded the prime, since you can't lien government property.

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Answered on 12/11/03, 9:34 am


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