Menu
Home>Levelset Community>Legal Help>Regarding waivers and partial releases of liens

Regarding waivers and partial releases of liens

TexasLien Waivers

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.

2 replies

Sep 8, 2020

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

0 people found this helpful
Helpful
Sep 8, 2020
Thanks, was helpful in determining we are thinking correctly.
0
Report Spam