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I am a subcontractor, hired by a company to complete a new project for a Valvoline store. We finished the work in November and have not been paid. We followed all necessary steps and sent all necessary documents before filing a lien. After we filed the lien, an attorney representing Valvoline, sent us a letter demanding that we remove the lien. We have still not been paid. What are the next options?

3 replies

Apr 2, 2021

Hello,

The first thing you should do is evaluate or find an attorney to evaluate the letter. You are looking for why he wants you to remove the lien. Generally, attorneys can be hired to send that letter in response to the lien. It is fairly standard. It would definitely help to have a professional evaluate the actions and timeline giving rise to the lien, the steps you took to perfect, and the current situation.

If you were genuinely not paid through no fault of your own, properly perfected your lien, and still have not been paid, the next step is a lawsuit filed in District Court. Your petition is going to contain causes of action for breach of contract, promissory estoppel, violations of the prompt payment act, declaratory action on the validity of the lien, and the action to foreclose on a valid lien. That is guaranteed to get someone's attention. Paying your bill is infinitely cheaper than losing a million dollar building.

Let me know if we can be of service!

E. Aaron Cartwright
214.789.1354
Aaron@EACLawyer.com

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Apr 2, 2021

Response letters such as the one you received are standard operating procedure. However, sometimes the response letters correctly identify errors in liens or notice letters or other factors that can effect the validity of a lien. The next step is to have an attorney take a look at your notice/lien documents and the response letter received and lay out your options for you.

I'd be happy to discuss this project with you.

Very best,

Ben House

281-762-1377

ben@houseperron.com

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Apr 2, 2021
The legal analysis would start with a review of your contract, and then extend to your communications about being paid and not being paid, and then to the mechanic's lien and your mailing of filing of lien notice to the owner and general contractor. Retain a construction attorney to evaluate your legal situation and documents, and to provide advice. It could be that your lien filing was not valid, and Valvoline's attorney's demand is correct. But it depends on whether or not you complied with Chapter 53 of the Texas Property Code. Good luck.
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