We signed a waiver and partial release of lien on a job we were finishing for a General Contractor. Subsequently we billed the final retainage amount which is now 60 days past due. Can we file another lien on this project? I had filed one lien and released it already and we did the waiver and partial release as well.
Hello,
You can try. My reading says that you may have blown your deadline for perfecting a retainage lien. This means your lien may be deemed invalid. Generally, liens for retainage must be perfected by sending notice ~30 days after the work was completed under TPC § 57.103.
You still have claims for breach of contract, quantum meruit, and promissory estoppel if you want to enforce those in court.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com