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Can we file a conditional waiver to a lien?

TexasLien ReleasesLien WaiversMechanics Lien

We have filed a lien for a project in Fort Worth, TX. The GC has advised the following: Once the Waiver has been executed, please have the Tarrant County Clerk attach it to the Lien and provide me with a copy of documentation of the attachment (normally notarized/stamped receipt). As soon as I have the documentation, I can release payment. I haven't heard of that before. Is that something that can be done and if so, how do I do this through Levelset?

1 reply

Jan 15, 2022

What the General Contractor has requested does not comport with Texas law.

You can certainly provide a Conditional Waiver of Lien in accord with the form set out in Texas Property Code section 53.284, which you can review at the following link:

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.

Good luck.


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