I am trying to find out if there is a legal document or process that I can provide or go through in order to prevent my subs vendors from filing a lien, when subs have been paid... Legally speaking, if a vendor files a lien or sends an intent notice do they have to provide payment records to me? Do i need to supply payment records if I don't have a Conditional lien waiver? Also, should my company require all CLW's to be signed before releasing payments?...Read More
I put a mechanical lien on an Apts that i remodeled they owe me money im a small company and they are threatening to sue me if i dont release lien due to covid and my company financing that project im in dept and so i just need to get this suit behind me because i dont have money to retain a 15000. Lawyer. Who is willing to challenge there firm. So my question how can i take out the lien but add that im not held liable for any false claims they can sue me....Read More
A home remodeler filed a “claim of Lien” against the house he is suppose to be repairing. He has failed to complete work that has been paid for and lied about materials purchased. How can we resolve it. File a lawsuit against him and his llc?...Read More
I work for several entities that are development companies. Additionally, we are the part owner and the GC. We are a small company that has grown rapidly within 5 years. I have received intents to lien from various vendors of our subcontractors, whom have been paid but have not paid their vendors. If i do not have a conditional lien waiver for progress payment executed what do I need to provide the vendors inorder to prevent lien? Our contracts state the subs are responsible for their materials, tools, supplies and equipment costs and that amount is to be included in their bid packages- so when we generate and execute a contract the subs and my company have a meeting of the minds that they are responsible for covering their vendor fees. Am I missing a step? Should conditional lien waivers on progress payments be executed at time of contract execution? Are their any documents I should be providing and having my subs execute in order to prevent liens? ...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
I paid a contractor to dig a pond. He didn't complete the job and he didn't pay a equipment rental company . The rental company filed a lien on my property. Contractor filed ch 7 bankruptcy and has no assets . His debt is cancelled. Will the lien on my property be removed.
New to the construction loan process. If I'm purchasing materials and supplies for the project from online vendors (i.e. vistaprint, global industries, amazon, etc.) do I need to get a lien release from those suppliers? ...Read More
I have been threaten with a lien if the contractor does not pay his bill for $1135.00 I have not signed anything and the work was agreed upon verbally. The original work was done at the end of October and the first of November. Can they file the lien against my homestead?...Read More
I have a sub in Houston, TX that has ben paid in full and now refuses to sign a lien waiver provided by the landlord. Do I have any options here? I even had someone run to their office and it looks like they are not longer in business.
I had a subcontractor file a lien on a property. Since then, he has been paid in full and acknowledged that he will return the lien release. Since he got paid, he won’t respond to phone calls or emails. The final payment cleared my bank on Sept 30, 2020. How can I get this lien removed now that he won’t respond?...Read More
I'd like to know what the statue states about my rights. I've requested a final conditional release for residential project. They came back stating the following: " Because the proposal does not state a Conditional waiver is required prior to payment being released, XXXXX will stick to its standard practices and release a Conditional Waiver for Progress Payment after receiving the payment requested. If you wish to pick up the Conditional Waiver and deliver payment in full (InvoiceXXX & XXX) XXX can then issue a Conditional Waiver for Final payment." Could I still request a conditional even though it was not in the proposal?...Read More