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Can I amend a lien amount in Texas?

Texas

We filed a mechanics lien on an unpaid amount of invoice + retainage after we were made aware that there was some discourse between the General Contractor we were contracted with and the owner of the project. We have recently been paid the invoice amount, less retainage, by the owner directly. In order to protect our lien rights for the retainage amount, is there a way to amend the lien value or do we have to completely release this lien and re-file for the updated amount? As some additional information, the GC has legally ceased work but has not legally terminated any contracts at this time.

1 reply

Jan 20, 2022

Not only can you, but you should file a partial release of lien reducing the amount of the lien to the debt outstanding. Otherwise, you could face a claim under the Texas Fraudulent Lien Act, which can impose statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees.

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

Good luck.

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