Q: I remodeled an office building, and the owner has not paid. They do not allege that I did anything wrong. They simply won’t pay me even though I finished the project (over 9 months ago). What can I do? They owe me about $44,000 with all change orders.
A: That is a complex question that, unfortunately, happens quite frequently. Whether or not you have a contract with the owner, you have likely lost your ability to file a mechanic’s lien considering the project was finished over 9 months ago. Nonetheless, I would consult an attorney with all your documents from the job to determine if you still have lien rights. The statute in the Property Code is very specific about the procedure and timeline to file a mechanics’ lien, and failure to complete all necessary steps could result in lien removal and perhaps payment of attorney’s fees for filing a wrongful lien. Generally, a general contractor has a constitutional lien, whereas ,as subcontractor has to take additional steps before perfecting a lien.
Alternatively, you can still file a suit for collection of monies owed, as that statute of limitations is four years. Considering the amount owed, you will have to file in county or district court.
Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
