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What is the time frame for a contractor to issue a conditional lien release to a subcontractor?

TexasLien Releases

Through an automated system one of our builders uses I received 35 lien releases for jobs we have been paid for as far back as early 2016. It appears to me they just figured out their old payments didn't have releases because they hadn't activated the lien feature on the system. Is there a deadline as to when a contractor can request a conditional release? I have called and emailed them, they will not respond to me.

1 reply

Jan 3, 2020

Unlike a lot of documents surrounding the mechanics lien process, lien waivers and lien waiver requests don't really have any deadlines associated with them. Rather, they can really be given and received whenever makes most sense for the parties involved. Granted, there are restrictions on requiring lien waivers prior to completing work and being paid, which Levelset discusses here: Texas Lien Waivers Guide and FAQs. So, if a contractor wants to go back and collect lien waivers from subs for past projects, then that's perfectly acceptable. Though, it wouldn't be that surprising for a subcontractor to resist complying with waiver requests when their involvement on the project has long ended. It's also worth noting that when there's evidence that payment has been made in full, or if the deadline to file a lien has passed, there might not be much need for a lien waiver. After all, if payment has been received or if the deadline has passed, then there wouldn't be any rights to waive anyway. Additionally, this resource may be valuable: How To Handle Requesting & Tracking Lien Waivers.

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