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How to have incorrectly filed lien removed?

Texas

I work for a GC in Texas, we paid for material for one of our subs but the store applied the payments to the oldest invoices on his account even though we told them specifically which invoices the payments were to be applied (the note is even on the receipts they sent us). Needless to say, the AR lady did not catch the mistake and filed a lien on my project, when I called her about it, she said there is nothing that she can do because she missed the deadline to file on the correct project and she had to file on somebody. Now my project is complete but the bank won't release our retainage due to the lien being incorrectly filed on it - do I have any recourse? Thank you in advance for your help with this matter. Stacie

1 reply

Jan 16, 2020
Stacie, if the supplier was paid for the materials incorporated into this project, then it does not have the right to maintain the lien.  Second, as a material supplier, the lien process and deadlines are very strict and as such, the lien may be invalid for that reason as well.  I, Robert Lovein, am a board certified construction attorney with Lovein Ribman.  Please feel free to call me directly at 817 442-5106.  Thank you.
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