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Can I file a mechanics lien to collect retainage?

TexasRetainage
Anonymous Contractor

I am a commercial subcontractor and I finished a job last year. I have been paid everything but my 10% retainage. I was just told by the owner that I needed to file a lien in order to get paid because other subs have filed liens. I told him that I have missed my opportunity to file a lien. He told me that in Texas you aren't time restricted as to when you can file a lien when it comes to collecting retainage. Is he right? He told me that they want to pay me, but won't unless I file a lien.

5 replies

Attorney at House Perron & House Pllc
| 52 reviews
Apr 14, 2020
The rules surrounding the filing of notices and affidavits for the purpose of recovering retainage payments are extremely intricate in Texas, and therefore depend on the precise facts of when your work occurred as well as what notices were provided to you by the owner, if any. In short, yes there are time limitations for filing a lien as you have described. Now, if the owner is instructing you to file a lien in order to be paid, (for whatever reason he is doing so), he is arguably waiving any conditions precedent to the filing of your lien as against his property. Under those circumstances, and based upon the owner's apparent waiver, it may be prudent to go ahead and get a lien on file. If the owner subsequently complains of the lien, you could file a release of lien. This approach is not without risk, and therefore this entire situation should be handled by an attorney. What is absolutely critical is that you do not falsify any information on the lien itself. It is a sworn document subjecting the signer to perjury if the information provided is not true.
NOTICE: The advice provided above is of a general nature only and should not be relied upon under specific circumstances without first retaining an attorney
and having your legal issues reviewed in detail. Ben House and the law firm of House Perron & House PLLC are not agents, contractors, or employSee More...
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Anonymous Contractor
Question Author
Apr 15, 2020
Thanks, Ben. This is an odd situation. Been in the construction business for 24 years and have never come across a situation like this one.
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Attorney at House Perron & House Pllc
| 52 reviews
Apr 15, 2020
It certainly is an odd one.
NOTICE: The advice provided above is of a general nature only and should not be relied upon under specific circumstances without first retaining an attorney
and having your legal issues reviewed in detail. Ben House and the law firm of House Perron & House PLLC are not agents, contractors, or employSee More...
See More...
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Anonymous Contractor
Question Author
Apr 15, 2020
How much would you all charge for filing a lien?
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Attorney at House Perron & House Pllc
| 52 reviews
Apr 15, 2020
This is a public forum. If you would like to discuss this issue and pricing, I would ask that you please email me directly. ben@houseperron.com Thanks
NOTICE: The advice provided above is of a general nature only and should not be relied upon under specific circumstances without first retaining an attorney
and having your legal issues reviewed in detail. Ben House and the law firm of House Perron & House PLLC are not agents, contractors, or employSee More...
See More...
0 people found this helpful
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