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What can be done if the propoer lien laws where not executed

TexasLawsuit

I am a third-tier subcontractor, and our Mechanical has not responded to payment. When the lien was filed, the General contractor did not accept it. The general contractor will not pay out due to not protecting our rights. The majority of what is owed is retainage. I am not to sure if anything can be done in this situation.

1 reply

Feb 15, 2023

You really should retain a construction attorney to evaluate your legal situation and to provide advice.

It could be that you can remedy your claim for retainage, as that claim can be separate from a claim for progress payments.

Please note that if your mechanic's lien is not proper, it could violate the Texas Fraudulent Lien Act, and could subject you to statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees.

Good luck.

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