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Can I still file a mechanic's lien?

TexasRetainage
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Anonymous contractor
Sep 8, 2020

Hello, I sent a mechanic lien notice to a customer who won't pay for a finished project. He in turn has hired an attorney and we have received a notice of claim with a lot of false accusations.

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Anonymous contractor
Sep 9, 2020

Hello,

It's all part of the Great Game! Note - there is no question here.

You now have to ask yourself if all of your paperwork is straight. 

Do you have:

1. Itemized billing for all items that have gone unpaid?
2. Communications from the customer discussing items they approved and disapproved of?
3. Written and signed change orders?
4. Pictures of the work that you did?
5. Supporting documentation for any amounts that you are claiming over and above what the customer has already paid you.
6. A good address or phone number for their attorney to contact you? You may want to hire an attorney to deal with him.

Just remember that before they sue you, they have to provide you notice and opportunity to cure under Chapter 27 of the Texas Property Code and 60 day notice under DTPA. Also, you have to sue to enforce a lien.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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Anonymous contractor
Sep 24, 2020

The answer depends on when your work on the Project was completed and if you are a subcontractor or general contractor.

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