We have closeout documents being requested (G706/G706A) forms. We have not been paid retainage or our last billing cycle for the previous month. Do we need to identify this on the forms as "exceptions" or do we go ahead and sign the documents/notarize?...Read More
I am a residential homeowner in Texas. My wife and I are contracted through a custom home builder to build our plan. We have continually paid him when draw requested initially after the job was completed, then during progress and lastly before work was even performed. The last several draws have pulled us into a heated dispute concerning quality of work or timelines for completion. Recently, we were notified of a subcontractor filing a lien against us from a draw we paid to him 3 months prior and another 2 additional subs discovered by us still unpaid. After confrontation, a month ago, he now says all bills are up to date. He won't provide paid receipts or invoices for proof and we have nothing in the contract that forces him to. He has slandered us with the subs and they will not discuss details with us to ensure our financial future.
How do we keep from paying twice or additional charges from contractors he has failed to pay up to date? Can we make him provide lien waivers from these subs under Texas law now after time has passed? The contract does state all subs will be paid by him although, there is no timeframe listed unlike what's found in the Texas Prompt Payment Act? Where do we go from here so that it will not happen?...Read More
Levelset filled a lien for us & now we've received notice from a attorney that the lien is invalid & is demanding immediate release of lien. Can you review the letter for us & see if it's accurate?...Read More
I am currently building a home. We terminated the contract with the builder due to material breaches of the build contract. Now, the bank with whom we have the construction loan requires the old builder to sign an All Bills Paid affidavit, as well as the Transfer of Mechanics Lien document to the new builder. The old builder is refusing to sign these documents, despite the fact that everyone has been paid. Sour apples, if you will. But it's holding up the entire process. Is there any remedy for owners other than litigation?...Read More
I filed a lien on an apartment complex we service. After they received the lien, they ended up paying. What do I do know on my end? Do I have to un-file the lien somehow or is that something they do on their end?...Read More
I live in Tex. I had a contractor back in 2007 damage the material before he brought it out to be installed. it was still installed. Also he did not go by the plans/blueprints so the city shut down the job. To say the least it was a disaster. I told him I would not pay him for this. About 6 months pasts and he had filed a mechanics lien on my property while I was out of the country. When I returned, I had my attorney send him a letter saying we were going to court. He sent me a letter saying that he would remove the lien. So I took his word he would do it. I have since lost the letter. The lien is still recorded on my property 9 years later. Can I and if, how can I file a removal action?...Read More
For a non-residential construction project in TX, does a mechanics lien Claimant need to file a lien release after being paid in full by the Buyer/Owner, or is sending a lien release document to the Buyer/Owner sufficient? What is typically done?...Read More
I had a Sub-subcontractor send an intent to lien. We got them paid and they sent me the unconditional waiver. Are we OK legally at this point or do we need anything else from their attorney?...Read More
We are a product supplier. Customer refused to pay for months. We filed a lien and and now they have paid and want the lien released. They are stating that neither they nor the GC will reimburse us about $400 for our filing and release expenses. Can I legally require them to reimburse before releasing the lien? If not, what other recourse do I have? Thanks...Read More
while trying to sell an inherited property from my late father. I had an offer to buy my house for 570k to a guy who was going to flip it for profit. We did not have a legal contract. After finding problems with the house I sold it to someone else for 480k. The original guy now says I owe him 80k and has filed a mechanics lien on my house blocking me from closing with the other contract. What do I do now...Read More
Roofing company came out to assess my roof for repairs back in 2020. The insurance adjuster also came out. The roofing and restoration company were responsible for replacing my roof and a window that was leaking. They finally got around to replacing the roof, but never did the work or came out to repair the leaking window. It's 2022 and my window is still not fixed, and they are requesting that I send them the last portion of the money that the insurance company sent me to have the window fixed. They have not sent me a copy of the contract, or I don't have any written notices that the company has claimed to have sent me. It's been over 2 years and now I get this letter in the mail that seems threatning and overwhelming. Stating there is a lien against my home and now they will be proceeding to forclose on my home. What are my rights?...Read More
I have a couple of liens already filed in the county clerk's offices in Texas. They have been just sitting there with no changes made to the properties. My health is declining and there is a possibility that I may pass away before these liens are paid. I would like to know if there is a organization or induvial person that would be interested in buying these liens from me and they collect from the property owners when the time is presented. ? I realize I would be selling the liens for less than the amount the liens are to be getting when they are paid....Read More
I submitted a lien that contains interest and legal costs and was told to only do a lien for actual cost owed and so I resubmitted a new lien for actual cost . What I need to know is when should I cancel first lien . New lien won’t be in play till sept. 9th...Read More
I believe there is a need for a partial lien release in one of our active jobs. They already paid for $110k of the $150k that is due, but now they have become unresponsive. Can you please educate me on partial payments and lien waivers/releases?...Read More
A contractor, who was fully paid for the service to a home, does not pay a subcontractor and now the sub is chasing the owner for less than $1500 and threatening a lien. Does the homeowner have any protection or leverage to challenge the sub? It seems all that is available online is how to protect the sub. But I want to know how to protect me as the homeowner if I have proof the contractor was paid. ...Read More