Regarding waivers and partial releases of liens

2 weeks ago

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.

Additional info about this contractor
Project Role: Subcontractor
Project Type: Commercial
Attorney E. Aaron Cartwright III, Attorney At Law
41 reviews


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

Disclaimer: I am an attorney but I am not your attorney... yet. The information provided here does not create an attorney/client relationship.

Thanks, was helpful in determining we are thinking correctly.

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