I'm a Subcontractor and have not been paid a partial progress payment or retainage on a project. I filed a lien on the project, in the Subcontract between myself and the General Contractor there is a clause that I must release all unsatisfied liens or claims prior to Final Payment. Is this enforceable in the State of Texas?
Hello,
At the time of payment, you should be able to produce a copy of a signed and notarized Unconditional Waiver on Final Payment. If they pay you with a check that hasn't cleared, you may provide a Conditional Waiver on Final Payment instead. You do not have to release a lien until then. Absolute worst case scenario, there's a little argument and you provide a lien release and you sue them if their check doesn't clear.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com