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Texas Lien Waivers Questions
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Lien Waivers
Texas
We signed a waiver and partial release of lien on a job we were finishing for a General Contractor. Subsequently we billed the final retainage amount which is now 60 days past due. Can we file another lien on this project? I had filed one lien and released it already and we did the waiver and partial release as well.
TexasWe contracted to have an addition built. We furnished many items for the project. When it was time for final payment the contractor owed us a small amount of money which we forgave. Therefore there was no final payment. We moved in, that was 2 months ago and we have not gotten any final paperwork from the contractor such as a certificate of acceptance for us to sigh or an affidavit that all bills are paid which are called for in our contract. I want to send him a waiver and release for him to sign, notarize and return to me but none of the 4 Texas forms fit my situation. What should I do since I can only use Texas forms? Thanks in advance for any help you can offer.
TexasWe are a sub signing a contract sent by GC that states we waive our right to file a lien against the property. Another clause states that all disputes are to be settled by binding arbitration.
Is this legit? Should I sign?
TexasI did some work for this company and he refuses to pay me I told him that I was going to put a lien on his property he went and got a cashier's check but he want me to bring him a lien waiver release form what do I
TexasWe are a small general contractor in Houston,Texas. Per industry standard, we make our sub contractors submit a conditional partial lien waiver with their monthly pay application. We have been doing this for years now. It is lot of work to print, mark up, track, and execute lien waivers. It is also burdensome on the sub contractors especially small ones who have to run around town to find a notary to get the document notarized.
In our past experience, the lien filed on the property is usually from a tier sub or a vendor that provided materials for the project.So, getting a lien waiver from your main subcontractor does not really prevent the lien on the property. It just protects lien from your main subcontractor for the amount listed.
Example:
Lets say we have a sub contract for $100,000 with Sub contractor "A". Sub Contractor "B" is a tier-sub (Subcontractor A's subcontractor) and Vendor "C" provided material for this project.
At the end of month 1, Sub contractor A submitted pay application for $10,000 and a partial and conditional lien waiver for $10,000. He is only waiving his right to file a lien for that first $10,000. He can still file a lien for rest of the amount.Even that A turns in a lien waiver but A fails to pay B and/or C, B or C can file a lien for that $10,000. So, the lien waiver actually covers a small fraction of the lien risk.
Lets say, A turns in a lien waiver and receives payment but still decides to lien the project. We have a lien waiver on hand but it has not been filed on the court house. The court will record the lien on the property. We will need to get lawyer involved to have him drop the lien on the project as we have a notarized and documented lien waiver on hand. The lawyer will have to work with him and show him that he signed a waiver of lien and show him proof of payment and have him drop the lien. But same could be accomplished with just the proof of payment for $10,000 and a proof of cashed check. So, how much help are we really getting from the lien waiver?
If we do not get a lien waiver from A and he decides to file a lien for that 1st $10,000.00 we have proof of payment our check stub or a cashed check from the bank for $10,000.
In order to be 100% covered, we actually need to get a lien waiver from A, B and C and all of A's employees, B's employees and anyone else involved in the project. And perhaps a second tier and a third tier sub that is involved in the project which will be mammoth of a task.
So the big question is how much are gaining from chasing after lien waivers from A?
Looking forward to comments and discussions.
TexasWe received a letter from Albert Reatz's attorney of response in regards to the lien that was placed through your services. It states that they will counter sue me if I do not remove the lien. He is stating that I did not do the work that I did in fact complete (I have proof) and that I stole a power tool from him. Again, I have proof this was given to me from him by an eye witness. I am willing to give the power tool back if he pays me. The letter states if I give the tool back that he will only pay me $600 instead of the owed $2k that I am asking. ($5k is really what is owed.)
TexasHow do I remove a Mechanics Lien that was filed on a property owner? It should have been filed against the company that hired us to do the work?
TexasI’m sub contractor in TX that worked in roofing sales for a general contractor and roofing company. The owner is refusing to pay me my commissions for a job I sold and completed using the roofing subs we have. What kind of lien should be filed ?
Texascan I stop lien notice if I got paid
TexasI have a contractor in Texas that wants to use a Masters lien waiver to close out the job/ please let me know your thoughts on this/if the construction company goes bankrupt with unpaid invoices what happens.
Thank you for your Time
TexasA GC is requiring us to sign an unconditional waiver before releasing a check to us. We are at an impasse - I don't want to provide the waiver, and they won't pay us without it. I'm happy to provide a conditional waiver, but they will not accept that.
I know it is not smart to sign the unconditional waiver before receipt of the check, but is it technically illegal (in Texas) for them to require it?
Thanks.
TexasHi - can I require my contractor to sign a lien waiver as a condition of final even if it’s not written in the construction contract as a stipulation?
TexasHow does it work when the owner has required lien waiver forms?
TexasFor projects that are bank funded, the bank ALWAYS requires that I sign a unconditional lien waiver prior to getting the final paid, I have tried to refuse and explain why with no luck, any thoughts?
Texas
I'm a construction contractor and I have a customer that owed me $49,000 for work performed on a project. My customer received an email from a scammer pretending to be a representative of my company and asked the customer to ACH the payment to a fraudulent bank account. My customer ACH'd the payment to the fraudster. Does the customer still have to pay me? A few more related bullet points:
• A conditional waiver was signed by one of my employees related to the payment
• We never received the payment
• My AR employee didn't follow up on payment status until 4 months later. That's when the fraud was discovered.
Texas