Can a contractor file a lien against me with no notice? Posted on April 14, 2011
I had a lien filed against my leasehold by a sub contractor. The general contractor I hired failed to pay all subs, but only one lien was filed. I did not receive a lien notice or any invoices from the sub. I paid the general contractor 90% of the funds and the retained 10% was to be paid upon completion with proof showing all subs/vendors/suppliers had been paid. Also, landlord will not pay my tenant improvement allowance until the lien is removed. I would like to have it removed without litigation ( I do have an attorney ), but is has become very expensive going back and forth trying to negotiate a price in which the sub contractor wants me to pay the full amount. But, due to the lien being filed with out the proper notice, I was hoping that would open a loop hole for me to clear it. I am in Texas. Or since the lien is not againt the real property itself and just my lease, nor does the lien show up on a title search against the property, should I be entitled to receive the tenant improvement allowance.
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