Menu
Home>Levelset Community>Legal Help>Can I file a Mechanic's Lien on Retainage and Base Values Owed?

Can I file a Mechanic's Lien on Retainage and Base Values Owed?

Texas

I am filing a lien on a company that owes us both base totals of $228 and unpaid retainage of $273k, totaling $501k. Can I file this as one Mechanic's lien amount of $501k or do I need to file a Mechanic's lien on only the $228k and then a notice of unpaid retainage on the $273k?

2 replies

Nov 14, 2022

You really need to retain a construction attorney to evaluate your situation, and to provide advice.

You do not indicate what work you performed, and when you performed it. Filing an invalid mechanic's lien could violate the Texas Fraudulent Lien Act, and subject you to statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees.

To answer your question, a claim for retainage can be coupled with a claim for a progress payment under the appropriate circumstances. Sometimes, the claim for a progress payment is no longer legally available (due to lack of or untimely notice), and only a claim for retainage is appropriate.

Good luck.

1 person found this helpful
Helpful
Nov 14, 2022
Thank you. I work for an electrical company and this is a lien on unpaid material and labor for a GC that had a falling out with their customer. I was told by a source that the only way we'd be funded is by filing a lien on our open balances which include the $228k progress invoice and the $273k retainage invoice. So yes, I was hoping that my Mechanic's lien can be coupled, for the full amount of $501k. Just to confirm, that is correct?
0
Report Spam