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Contractor Did Not Pay Subcontractor

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Legal question

Junior Member
What is the name of your state?What is the name of your state? Texas

I have a question/concern and would like some advice on what procedures I should take next. Our company was hired for a job on a new residence and we did 75 percent of the work. We had our inspections for the plumbing and they where passed by the C.O.H. We informed the contractor/builder we would need to get paid for the work up to that point for the sewer portion of the job they have yet to pay this. They decided to hire another plumbing outfit and finished the residence installation of the fixtures portion so they would not have to pay us our money on the sewer. I would like to know would I benefit more by going and filing my liens on the residence or should I let our collections agency handle this? Also, I'd like to know since the C. O. H. allowed them to pull a additional permit even though we had various inspections passed on that job already since the 2nd plumbing outfit pulled their permit on top of ours can we still be liable if there was a plumbing problem with that residence in the future? What is my time frame to file my liens against the property if I choose to do this the job started late last year and the sewer installation was done about 60 days ago from today 4/27/05? Can I sue the contractor for non payment? Should I contact the owner of the residence and inform them of non payment by the builder/contractor? Since company is suppose to be a respectable/wealthy company and has high priced lawyers who can probably find a loop hole not paying our money should I hire a lawyer just in case? If I let our collection agency handle this and if no results are seen can I later file a lien? Also where can I purchase a book on Texas laws for construction for our company for future reference and any suggestions on Authors or Titles since I've already searched the internet and cannot find one? I would appreciate any replies or comments to this.
 
Last edited:


lwpat

Senior Member
You can find the information on the lein laws with the Associated General Contractors in Texas or possibly the homebuilders association. You may also have a mechanical contractors association.

You will be in a much better position if you can file a lein. Check your contract and be sure that you follow all of the written notifications. Sounds like they are trying to terminate you and then backcharge for the other contractor's work. If the amount is substantial retain an attorney or either kiss it goodbye.

There are generals that make their profit from doing this to subcontractors.
 

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