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
On this commercial AIA project since Jan, standard AIA stuff we've seen before, including the conditional lien waiver. Now they want an unconditional waiver in order to get our first payment (after 2 other subcontractors have recently damaged the work we've done and had to fix/ redo). I would like to stop all work on this project, but I know I can't :-( What are my options? Thanks!...Read More
If retainage is not withheld in the prime contract with the Owner, can the General Contractor withhold 10% retainage on the subcontractor invoices/draws?...Read More
soy un subcontratista que trabajo en un gran projecto comercial. termine hace cinco mesespero no me han pagado y la cia constructora ni me contestan los email ni llamadas que tengo que hacer...Read More
My company was subcontracted in to perform concrete work for a project back in March. The Senior Project Manager informed of the pay structure before starting. I asked questions to the Senior PM about the contract and he stated a certain section did not pertain to me. We both signed. After starting work, it came time for the first payment and the Senior PM changed the pay structure after he got clarification. I submitted the final invoice 6/2 after work was complete 5/25. The Senior PM has again changed the pay structure. He is responsible for getting materials there needed and has failed to do so throughout the project and is stating repairs needed, engineer inspections and turnover of the project is needed before I can receive the final check when i was not informed that until 6/9 when the final check was supposedly be received based off the Senior PM's relayed information to me. The job site is an hour an a half one way and I do not have funds to be sending my guys for nothing when he has not had materials on-site the last time I had a crew on-site to work. I am a small company that has been taken advantage of when I acted in good faith since the beginning in hopes to receive more work. His conduct, inability to schedule trades correctly, to communicate effectively, and order materials properly has obstructed my company’s ability to fulfill and profit from the work that needed to be performed....Read More
If a business with one physical business address falls on a piece of land that is split between 4-5 multiple plots with their own unique APN's and Situs Addresses differing from the known business address, which address should one use for notices, especially when they divide the building and you regularly do work all over the building? Should the address on monthly notices and legal descriptions reference them all?...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 a junior college student working on a presentation looking for a simple explanation that anyone could understand, possibly with some examples. As well as what/how are a surety's obligations defined and a breakdown of the penal sum of a performance bond....Read More
We have a project in Texas that we are supplying material for. We are contracted with a subcontractor to the GC so we are considered a 2nd tier supplier. Our customer on behalf of the owner and GC requested that we purchase and store the material (Painted Aluminum Coil) to avoid any further escalation which we call "Stored Materials". We did this and sent our Invoice along with photos and Certificate of Insurance when the material arrived. However we have not been paid. Are we allowed to send a Notice to Prime for this unpaid material? I know our deadline for delivered material is 15th day of the second month in which material is delivered however I am not sure the rules for Stored Material. ...Read More
I work in a chemical company. Contractors are subject to the Texas early payment rule (payment for construction within 35 days) We are trying to determine if 'construction' is for equipment installed in a chemical plant - pumps, exchangers, reactors, etc. Some people indicate that if the equipment is made to be removed, then it really is not 'construction' just 'parts' and is not subject to mechanics liens and not subject to the texas early payment requirement. I believe that equipment installed in a chemical plant (parts that make the chemical plant operator) should be considered 'constuction'. Just like a car - the transmission is designed to be replaced - so heat exchangers and pumps in a chemical plant are also made or designed to be replace - your thoughts?...Read More
I started building a patio cover for a customer and building it the way they asked, the city shut it down and had to wait two months for approval to continue the work. Now that it’s approved to continue the city did an inspection on the framing but failed it and the customer will not allow my the chance to fix the problem so it will pass inspection and they are trying to fire me as the contractor....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 subcontracted work for another company from February 2023 till April 2023. The work was performed at Enterprise Products Mont Belvieu, TX.
The work performed was Non-Destructive Testing on equipment. I received partial payment when my company submitted invoices to them as this company factored their invoices to pay their vendors, employees etc. I have not received the remaining balance amount for all my company invoices that was submitted to them from February 2023 till April 2023. I did not send out any notice letters to them as its been over 3 months now since February 2023.
How can I move forward with putting a lien on this compony for non payment?
If you can get back with me on my options moving forward I will greatly appreciate it Thank You!
Jacob Garza / Owner
Cell # 832-863-7395
jgarza@efficientinspectionservices.com
...Read More
I am a subcontractor in Texas who has recently gone through arbitration. The Arbitrator found that we would have been entitled to escalation, however we signed those rights away by not doing a carve-out for a potential, unknown dispute as we did in our final unconditional waiver (when the dispute was known AND we wanted our retention before arbitration). Below is what he stated in reference to the monthly, Texas standard, releases. Obviously, I think he is nuts, have you ever seen case law like this or case law that is against his finding? Any feedback would be appreciated. ****************************** By way of counterargument,XX Contractor XX raises the affirmative defense of waiver based on the thirty plus payment waivers submitted monthly by XX Subcontrator XX to secure monthly payment draws. In reviewing the documents and hearing exhibits submitted, I note that only on the final payment application waiver did XX Subcontrator XX make any effort to reserve its rights to the previously submitted PCO 93. The inclusion of this reservation indicates that XX Subcontrator XX was aware of the necessity to include such waivers should it desire to preserve any type of pending claim as contemplated in the progress payment waiver language. XX Subcontrator XX’s failure to include such reservations on the prior pay application progressively waived any possible entitlement to the extent any such entitlement was available for the limited class of impacts (delays caused by other trades, contractor, Owner, acts of God or Vandalism) for which XX Subcontrator XX had conditioned its right to seek costs by contract modification. Therefore, Titus waived its right to recover costs and I find XX Subcontrator XX has no entitlement based on this series of waivers without reservation of rights....Read More