Legal Question in Real Estate Law in Texas

Lien Waiver for Full Residential Remodel in Texas

I am doing full remodels of houses in Texas. I know my general contractor subs out plumbing, electrical, roofing, foundation, HVAC. I also have been regularly on site and have heard he pays immmediately.

My question is do I need a Lien Waiver from the general contractor only, or one from each of his subs? I've broached the subject with the contractor, and he has said getting a notarized lien waiver from subs is basically impossible. He says it will threaten his pricing from subs as they will have to make special trips to notarize documents and it's a pain. I've offered to pay for the lien waivers, and believe he is paying his subs as I see the subs on several projects over time.

Does a lien waiver from the GC cover me? I may be able to get signed (not notarized) lien waivers from some of the subs. Is that good enough, or necessary?


Asked on 8/14/07, 12:14 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Lien Waiver for Full Residential Remodel in Texas

The subs can file a mechanic's lien against you if they don't get paid. Get that lien waiver! The general is blowing smoke. Subs are typically very used to signing the waivers.

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Answered on 8/14/07, 3:35 pm


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