Payment claims can be asserted in a number of ways, some of the ways may be more beneficial than others depending on whether you are a general contractor or subcontractor or sub-subcontractor. Remember these are statutory claims. That means that you must strictly comply with the statutory guidelines and requirements in order to bring a claim under the particular statute. In law, this is called perfecting your claim. Before you bring an action in hopes of getting paid; keep in mind that your contract may require you to arbitrate all claims rather than seek redress in the courts. Many contracts today require aggrieved parties to seek mandatory arbitration in place of suing in court. These arbitration clauses are generally (most likely) binding on the parties and will be enforced in federal and state courts in Texas. Arbitration could be less expensive than litigation in the courts. Whether you are required to arbitrate or you decide to file a lawsuit, you must have accurate records and documentation of your claim and you must set clear goals before you begin the arbitration and/or lawsuit process. Litigation clearly can be a very effective way for you to get your money, but keep in mind; litigation is very expensive and it is time consuming, requires commitment on your part, could damage your business relationship with your opponent (even damage your reputation in the construction community)- and you need proper legal counsel by your side and in your corner advising and counseling you in preservation, packaging and proving your claim before the proper forum whether it be by arbitration, trial before the court or jury trial. Again your contract could bind or attempt to bind you to arbitration. The choice between trying your case before the court or jury is a very complex choice that depends upon lots and lots of variables- some of which changes from case-to-case. So, whether you want a jury trial or bench trial depends. If you are doing the work and not being paid in accordance with your contract, you should consult with legal counsel as early in the payment dispute process as possible. Wait too long and you may never get paid!

1. Construction Contracts Payment Claims
How to Get Paid
By: ColemanJackson,Attorney&CounseloratLaw
March 28, 2016
I: Introduction
A. Perfecting A Mechanics Lien Claim – The Statutory Requirements
B. Perfecting A Bond Claim- The Statutory Requirements

2. II: Litigationof Mechanic’s Liens andPayment Bond Claims
A. Must I Arbitrate My Claim(s)?
B. Where Shall I File My Suit?
C. Do I Want a Jury Trial or Non-Jury Trial?
III. What Kind of Claims Can I Bring In Court? Dealers Electrical Supply Co. v.
Scoggins Construction Co, Inc. (Texas SupremeCourt Decision July 3, 2009).

4. IV: Conclusion
Payment claims can be asserted in a number of ways, some of the ways
may be more beneficial than others depending on whether you are a general
contractor or subcontractor or sub-subcontractor. Remember these are statutory
claims. That means that you must strictly comply with the statutory guidelines
and requirements in order to bring a claim under the particular statute. In law,
this is called perfecting your claim.

5. Before you bring an action in hopes of getting paid; keep in mind that your
contract may require you to arbitrate all claims rather than seek redress in the
courts. Many contracts today require aggrieved parties to seek mandatory
arbitration in place of suing in court. These arbitration clauses are generally
(most likely) binding on the parties and will be enforced in federal and state
courts in Texas. Arbitration could be less expensive than litigation in the courts.
Whether you are required to arbitrate or you decide to file a lawsuit, you
must have accurate records and documentation of your claim and you must set
clear goals before you begin the arbitration and/or lawsuit process. Litigation
clearly can be a very effective way for you to get your money, but keep in mind;
litigation is very expensive and it is time consuming, requires commitment on
your part, could damage your business relationship with your opponent (even
damage your reputation in the construction community)- and you need proper

6. legal counsel by your side and in your corner advising and counseling you in
preservation, packaging and proving your claim before the proper forum whether
it be by arbitration, trial before the court or jury trial. Again your contract could
bind or attempt to bind you to arbitration. The choice between trying your case
before the court or jury is a very complex choice that depends upon lots and lots
of variables- some of which changes from case-to-case. So, whether you want a
jury trial or bench trial depends.
If you are doing the work and not being paid in accordance with your
contract, you should consult with legal counsel as early in the payment dispute
process as possible. Wait too long and you may never get paid!
You can followourblogpostby visitingourTaxation,Litigation&ImmigrationLaw Firm’s
Website atwww.cjacksonlaw.com.
This law slide-share is written by the Taxation | Litigation | Immigration Law Firm of Coleman
Jackson,P.C.for educational purposes; it does not create an attorney-client relationship between this
law firm and its reader. You should consult with legal counsel with respect to any specific contract
issues impacting you, your family or business.
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