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Can a Texas Notice of Claim for Unpaid Labor be filed for the retainage amount even though it has not been billed?

Texas

We are the GC on a commercial construction project and a subcontractor sent us a notice of claim for unpaid labor or materials for amounts outstanding even though the amount listed is the retainage held on their contract. They have not finished the project, and retainage has not yet been billed. How can they file a notice of claim against it? Shouldn't they have filed a Notice of Contractual Retainage at the beginning of the project if they were trying to preserve lien rights. I believe they sent us the wrong notice.

1 reply

Jun 14, 2023
Thank you for reaching out to the Levelset legal community. If you are in need of specific advice for a current legal situation, you may want to consider reaching out to a licensed attorney in your state directly at their office. This forum is public, so it may not be the right place to discuss a sensitive legal issue. Levelset provides a list of attorneys in each state here: https://www.levelset.com/payment-help/experts/experts-by-state/ . From that directory you may find a law firm in your area to call privately.
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