I'm a Subcontractor and have not been paid a partial progress payment or retainage on a project. I filed a lien on the project, in the Subcontract between myself and the General Contractor there is a clause that I must release all unsatisfied liens or claims prior to Final Payment. Is this enforceable in the State of Texas?
At the time of payment, you should be able to produce a copy of a signed and notarized Unconditional Waiver on Final Payment. If they pay you with a check that hasn't cleared, you may provide a Conditional Waiver on Final Payment instead. You do not have to release a lien until then. Absolute worst case scenario, there's a little argument and you provide a lien release and you sue them if their check doesn't clear.
E. Aaron Cartwright III