Protect Payment Rights On Public/Private Jobs


Hey everybody this is attorney Kenneth
Stephens from the law firm Stephens Read & Armstrong, PLLC and today what I
want to talk to you all about is how to go about protecting yourself on a
project where you don’t know if it’s public work it’s private
so you don’t know whether or not you should file a lien claim or a bond
claim because on a lot of these projects especially some of these HUD projects or
you know some of these P3 jobs and things of that nature there’s kind of
like this mixed public-private situation going on and it can cause a lot of
confusion so in those situations you’ll have people that go and file bond claims
or have other people to go and file lien claims and they don’t know which is
valid and which is not. I would say in that situation which you should probably
do is just protect yourself by filing both go ahead and comply with the lien
statutes that the Texas Property Code put that on file and then also send
notice to the bonding company if there’s a bond on file go ahead and send notice
to the bonding company as well wait your 60 days you know with regards to filing
suit on the bond and then go ahead and file a lawsuit you know against the
bonding company and a lawsuit to foreclose on the property that way
you’ve covered all your bases if it’s considered just a private job and you
don’t you know this was a private bond well you know you’ve complied with all
the private bond requirements if it’s a public job and it’s a public bond you’ve
you’ve complied with all those requirements and if there’s no bond
whatsoever and you filed your lien then you can go ahead and foreclose on your
lien so it protects you and make sure that you’re pretty much covered all all
of your bases and you, you know you’re not stuck out if you elect it to do one
or the other. If you got any questions of course you can always reach out to me I
hope this is helpful and as always… Happy Building

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