When a general contractor delays or refuses to pay, your entire project feels stuck. Texas law gives you several ways to recover what you’re owed, but each one comes with strict rules and timelines that you can’t afford to miss. Here’s what you can do when payment stops and how the law protects your work.
You can protect your payment through a mechanic’s lien
You have the right to file a mechanic’s lien when payment doesn’t come through. This lien creates a legal claim against the property itself, which can stop a sale or refinancing until you get paid. It’s one of the strongest tools available to subcontractors, but it works only if you file on time, which is usually by the 15th day of the third month after your work ends or materials are delivered. Missing that deadline erases your chance to collect through the lien process.
You must send notice before filing a lien
Before filing a lien, you must send written notice of nonpayment to both the property owner and general contractor. This notice gives them a final chance to pay and proves you followed procedure if the issue goes to court. Many subcontractors lose their rights here because they skip the notice step or send it too late, so treat this as a required step, not an option.
You may also use Texas’s prompt payment laws
Texas’s prompt payment laws make sure money flows through the construction chain fairly. General contractors must pay you within a set period after receiving funds from the owner, and if they don’t, you can demand payment with added interest. These laws were designed to protect subcontractors from carrying the financial burden of someone else’s delay.
Protect your rights before time runs out
Every day that passes after nonpayment narrows your options, so act fast, document everything and keep communication in writing. If deadlines or notice rules start to feel confusing, a Texas construction attorney can help you take the right steps to secure what you’ve earned and keep your business on solid ground. Staying informed and proactive gives you control long before the problem grows.
