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TexasConstruction ContractLien WaiversRight to Lien

K&B Home and Land Preservation have been sent Sub Contractor waver of lien agreement. Since noterized we have not received a response from the contractor. Our actual agreed upon pay date was Oct 2nd, 2020. Every payment previous was exremly late, as well. We need to know how to move forward in perusing receiving pay for services rendered. Please advise, if you can. kyneta_coleman@yahoo.com

3 replies

Oct 6, 2020

Hello,

To properly answer this question, some clarification is needed.

Who is the subcontractor? Who is the general contractor or the contractor above them? Which company are you with? What kind of project is this? Which lien waiver was sent?

If your previous payments have been late, it stands to reason that this payment will be equally as late. Going forward, it is advisable to not sign lien waivers until payment has actually been received. If they want you to send something, send a notice of nonpayment and intent to lien before the required deadlines so they know you are serious.

As of right now, you can wait or you can send notices of nonpayment with intents to lien despite signing the lien waiver. Send those to the GC and property owner via Certified Mail and at the same time.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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