I was GC on a new building Owner refused final payment including change orders We filed mech lien They in turn are suing stating the lien is false and they say building wasn’t built to specs
Retain a construction attorney to evaluate the propriety of your mechanic's lien, and to provide advice.
If you file an invalid mechanic's lien, you could be liable for violating the Texas Fraudulent Lien Act, which can impose $10,000 in statutory damages or actual damages, whichever is greater, plus attorney's fees and court costs. So, filing an invalid lien can be risky.
You should consider preparing a letter to mail by certified mail, return receipt requested, to the owner to set out the facts and to demand the relief that you want. Attach support for your position including your unpaid invoice(s), and photographs of your completed work. Make sure that your letter is professional and business like as it may be evidence later.
Good luck.
Hello,
You will want to consult with a construction attorny. A lot of this is going to depend on whether there was a punch list, which items were completed or not completed on the punch list, how often the Property Owners were present and whether they actually had a chance to see things as they progressed, whether you obtained green tags for permitted items, and what the property actually looks like as compared to the plans and requirements.
Consult someone as this is a very fact specific issue. On the bright side, you save a few hundred dollars because they sued you so you get to countersue to enforce your lien.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com