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we started a project and the customer never gave us a draw we pulled off the job can i lein for the full amount

TexasMechanics Lien

we started a job that was customer was to receive a loan for the customer has not given us a draw so now we have pulled off can we lein for the full contract amount

1 reply

Apr 19, 2018
In Texas, a lien is granted to a party who "labors, specially fabricates material, or furnishes labor or materials for construction or repair" to a project in Texas, and "[t]he lien secures payment for:
(1) the labor done or material furnished for the construction or repair;
(2) the specially fabricated material, even if the material has not been delivered or incorporated into the construction or repair, less its fair salvage value; limited to the No, any amount unrelated to the value of the labor and/or materials furnished may not be included in the lien claim.

Accordingly, labor or materials not furnished to the project are not subject to being protected by a lien claim. Further, to the extent that the lien is claimed by a subcontractor, the amount of the lien specifically may not exceed:
"(1) an amount equal to the proportion of the total subcontract price that the sum of the labor performed, materials furnished, materials specially fabricated, reasonable overhead costs incurred, and proportionate profit margin bears to the total subcontract price; minus
(2) the sum of previous payments received by the claimant on the subcontract."

This section specifically limits the allowable lien to the proportion of work completed on the subcontract minus any amounts previously paid.
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