Hello, In summary there is a GC that is required to provide sub waivers prior to payment. He has not done so...we have discovered he hasn't paid subs, but he is threatening to file a lien. This is fraudulent on multiple fronts, but I wanted to talk about the logistics of removing a fraudulent lien.
You do not indicate who owns the property, and whether or not the property is someone's homestead. If the property is the owner's homestead (meaning that the owner owns the property and lives there) then your contract with the owner would have to satisfy the requirements of Texas Property Code sections 53.254, et seq., which requires specified homestead lien warnings, signing by husband and wife, and recordation in the county property records.
You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if the contractor files a lien, the contractor has properly and appropriately done so.
Filing an invalid lien could subject the filer to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees.
If the contractor files an invalid mechanic's lien, you can also demand that the lien be released under Section 53.160 of the Texas Property Code, which provides for a summary procedure (no trial necessary) for the removal of an invalid lien on someone's homestead.
Again, retain a construction attorney to assess your situation.
Good luck.
Summary proceeding if lien is no good.
If show knowing or intentional then can get attorney’s fees from filer