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Should I send a mechanics lien?

TexasLien DeadlinesMechanics Lien

I turned in my application and certificate for my 10% retainage payment on March 16, 2021. I have emailed the general contract for updates on payment and the response is they are waiting on HUD to get funds released. What should I do now?

1 reply

Jul 22, 2021

I'm not sure what you mean by "certificate", but generally to preserve retainage rights you must put the owner/general contractor on notice that you have not been paid within a certain period following completion of the job. Following that notice you have a certain time period to file your lien.

Next, depending on your contract's terms, the general contractor may be entitled to wait until they are paid ("paid if paid" or "paid when Paid" clauses) before paying you the retainage. If there are lien issues on the project, the owner may be rightfully withholding payment to the GC. However, absent contract language that protects the general contractor under these circumstnaces, they must pay you. You leverage is either a lien or filing suit, but that analysis would require a more detailed understanding of the facts.

Feel free to reach me directly on this. I don't charge for initial consultations. 

Very best,

Ben House

281-762-1377

ben@houseperron.com

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