I filed a Lien on a project in Texas and their attorney rightly said that it is invalid because I did not file monthly notices (before the subcontractor went broke) The GC is telling us to remove the lien or they will take us to court to remove the lien. Do I have any rights or is it in my best interest to remove the lien. We are the material supplier
If the lien was not validly perfected due to a failure to tender proper and timely pre-lien notice then the lien is invalid and should be released in order to avoid paying penalties and another parties attorney's fees for them removing the invlaid lien thorugh the courts. However, it is critical to pay attention to the language of the lien release to ensure you are only releasing the lien and not releasing the lien and your claims for payment. You are still able to litigate to recover the money owed with or without the lien.