I was sub, billed the contractor, he didn't pay, my fine levelset team placed a lien or filed it on the sub division.Owner of property contacts me saying he paid contractor lien was filed. Illegally and for me to remove now or he's sueing..His atty sent us papers to remove the luen advice any
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 you have filed a lien, you have properly and appropriately done so.
Filing an invalid lien could subject you 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. Facing such a claim would add insult to injury.
In addition to paying the contractor, the owner is required to withhold 10% retainage until at least 30 days after the project is fully complete. If the owner did not do so, the owner could have liability. If the owner paid the contractor despite having received notices of non-payment and requests to trap funds, the owner could be liable for not honoring the funds trapping requests.
Good luck.