Is it possible to file a lien if it goes beyond the 15-day mark of the 4 months? More specifically, if the work completed was done 11 months ago and has gone unpaid.
Unfortunately, if you finished performing this work 11 months ago and did not file your lien affidavit on time, you are probably going to be out of luck in placing a lien on the property.
However, that does not mean you are out of options. One of the more effective tools at obtaining payment is sending a demand letter to the GC and/or property owner, demanding the payment you are owed. You can do this on your own. When our firm sends demand letters, we will usually give the recipient a specific time frame to make payment and let them know that we will explore any and all legal avenues if they do not make payment.
If you decide to send a demand letter, it is important that you follow through if they do not pay you. What I mean by this is, if you are telling the GC or property owner that you are "demanding payment within 10 days of reciept of this letter...or else you will be forced to explore all legal option at your desposal," be prepared to actually explore and use the legal options at your disposal i.e. filing suit in small claims court.
If you decide that you need help from an attorney, please don't hesitate to call us at Murphy Legal. We handle construction cases all across the state of Texas. Our phone number is (979) 690-0800.
Good luck to you!