Filed a notice and lien for a project. It turns out that the contractor who hired us was not the original contractor. Notice and lien was never sent to the original contractor, only the property owner and the contractor who hired us(sub-contractor, we never did anything for original contractor).
Hello,
The lien is likely invalid. It would be a good idea to file a release of lien and sue the contractor above you. If you still have time, consider refiling the lien but the current one is likely not valid.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com
You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.
Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.
It may be that you still have lien rights for retainage.
Good luck.