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Can I proceed to file a lien for unpaid retainage?

Texas

I am a subcontractor and I was left unpaid for retainage withheld until project was closed. As of now project has not closed and the GC was run out the job and was replaced by another GC. I have a written contract. Please advise

1 reply

May 21, 2023

You should retain a construction attorney to evaluate your situation and to provide advice. 

If the project has not been completed, you may still have the right to file a mechanic's lien to secure retainage. A notice of non-payment referencing the retainage and requesting that the owner trap funds has to be issued by certified mail.

Good luck.

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