What are the remedies for failure to pay for construction work?
In Texas, there are several remedies for failure to pay for construction work. Generally, this involves the contractor taking legal action to recover payment. The first step is typically to file a claim or lawsuit for breach of contract and breach of implied warranty of habitability. This type of claim can be filed in a Texas district or county court of law. If the contractor is successful, the court may award the contractor payment for the unpaid work as well as any other damages that resulted from the breach of contract. In addition, the contractor may also be able to pursue a mechanic’s lien, which allows them to place a lien on the property that is being improved or built. This lien will prevent the property owner from selling or refinancing the property until the lien is resolved or paid off. Finally, the contractor may also be able to pursue a garnishment of wages. This is a legal process where the contractor serves a garnishment of wages to the property owner’s employer, directing the employer to withhold wages from the employee in order to satisfy the debt. This is a more aggressive approach and should only be attempted if all other avenues have been exhausted. Overall, there are numerous remedies for failure to pay for construction work in Texas. Each remedy should be explored and discussed with a qualified attorney before taking any legal action.
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