Legal Question in Construction Law in Texas
partial release
We filed lien for $473,000 on a Wal-Mart & now the general contractor is ready to pay us $60,000 for November, 2006. How do we record a partial release without jeapordizing our claim which includes contract monies, retainage and unresolved change orders?
2 Answers from Attorneys
Re: partial release
A partial release is just that; a release of a specific part of the lien. It leaves the balance intact.
Re: partial release
If $473,000 is owed, you are advised to contact an attorney to do the partial release. You have too much at stake to risk messing it up. The fact that you are asking for free advice on the topic suggests that there is some uncertainty, and that alone is a good enough reason.
Remember that trial lawyers prefer that laymen do big transaction paper work by themselves, because the possibility for a profitable lawsuit is greatly enhanced.
If you persist on doing this yourself, be careful to state that you are only releasing your lien, and that you are not releasing the balance of the debt which is still owed. By releasing your lien, I am assuming that you are already convinced that the $60,000 is all that you are going to get under the mechanic's lien law, and that henceforth you will be looking only to the debtor for payment of the remaining $413,000.
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