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Can a subcontractor's employee file a lien on a job we paid the subcontractor for.

TexasMechanics Lien

We paid a subcontractor in full, on a project. Now an employee is contacting the owner saying his employer (the subcontractor) never paid him and threatening to lien. We did not know anything about this particular employee. What are our options. We're in Texas.

1 reply

Apr 21, 2022

The legal analysis would start with a review of the contracts at issue, and then extend to the circumstances involved. You do not indicate how you are connected to the project, or what sort of project is at issue. The legal analysis could be different based on where you are on the contracting hierarchy, and whether the project is residential or commercial.

Please note that a subcontractor's employee has notice requirements, and deadlines for the assertion of claims. Please also note that if you are with the owner, an owner's liability is limited essentially to the original contract price (possibly with certain exceptions).

Retain a construction attorney to evaluate your legal situation and to provide advice.

Good luck. 

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