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Can a sub file a lien without providing an invoice for his claim?

TexasBonding Off Lien

l'm a GC in Texas. I have a sub that was fired from a job for inability to perform the job. Given multiple chances to correct his mistakes but could not remedy his own mistakes. Now he has filed a pre-lien with us and the homeowner for $140,000 more than he was hired to complete. He never sent us an invoice, for the work he completed in which he was overpaid on per our contract already. He also hasn't sent us any details regarding his $140K Claim. His pre-lien notice is very vague. Question : Is a sub required to submit an invoice to the GC prior to making or filing a lien? Question 2: Would purchasing a surety bond for the homeowner prevent or "shield" the homeowner in event he files a frivolous lien? This would be during construction.

1 reply

Jun 13, 2022
Answer to Question 1: No. However, you need to respond in writing with a “DISPUTE LETTER” discussing and outlining all of the sub's failures to perform. Is there a written agreement with your sub? IF not, why not? 

Answer to Question 2: YES BUT CAN YOU AFFORD IT? A BOND ON THIS WOULD COST YOU $50K or more in cash

Re: "This would be during construction.": Always is, that is why you need to write a detailed itemized dispute letter ASAP TO PROTECT YOU ANDA LET THE HOMEOWNER AND THE LENDER KNOW IT’S A BOGUS CLAIM.
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