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How to Complete a Lien Document Question for a Retainage Partial Balance

TexasMechanics LienRetainage

We are a subcontractor filing a lien for 2 properties completed for Barrow Builder Group in Texas. They have a partial balance due for retainage on each. A non-optional question to complete asks "Identify All months When You Furnished Services For Which Payment is Claimed". The retainage was held from the 1st payment forward. That would have started the purchasing of materials, etc. Should I list all of the months through the final month last delivered?

1 reply

May 25, 2022

I'm not able to assist you in deciding to fill out your lien documents. However, it appears that specific instruction is asking for every month during which there was work performed or material provided that was not paid for (since those are generally the only amounts that can be liened). 

So, any month when work was done but full payment wasn't made should be listed. And, of course, remember that retainage amounts are lienable since they represent amounts not paid for work that has been performed.

For more discussion on retainage and lien rights: Retainage Guide & FAQs.

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