Legal Question in Real Estate Law in Texas

Mechanic's lien

We signed contract to repair parking lot of a business park with ATC General Contracting on 10/09/2008.

The work was finished on 12/09/2008. ATC General Contracting gave us Waiver of Lien and we paid them in full on 12/09/2008.

NACM's Mechanic's Lien & Bond Service sent us 1st Notice to Owner or Contractor - Balance due $15,415.88 on behalf of Collin Concrete. The notice is dated 01/12/2009 and the name of the person listed as purchaser is Charles Pruitt, who is subcontractor of ATC General Contractor.

How do we handle this situation?

Thank you for your assistance.


Asked on 1/19/09, 5:28 pm

1 Answer from Attorneys

Re: Mechanic's lien

You either have a fraudulent lien or a fraudulent release. You should contact both parties and provide the documents to each. Let them figure out what to do. If not, you can sue both of them and let the court figure out what to do. There's also an issue of trapped funds and statutory retainage, which can further limit your exposure.

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Answered on 1/19/09, 5:41 pm


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