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Lien waivers

Texas

My home was flooded and I have a contract signed in 2021 in Texas for restoration and some remodeling for my single family home with a restoration company who in turn has a contractor who is using subs including plumbing and electrical. Do I need signed notarized lien waivers from all including sub contractors?

1 reply

Mar 11, 2022

The legal analysis would start with a review of your contract, and then extend to the documents pertinent to your issues.

If the contract does not comply with the provisions of Texas Property Code sections 53.254, et seq., then no one can file a legitimate mechanic's lien against your property. I assume for the purposes of this answer that you own your home and live there, making your home your homestead.

You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. You should consider retaining 10% retainage from the original contractor (the contractor with whom you contracted), and comply with any funds trapping notices that you may receive during or shortly after the project has completed.

Good luck.

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