Liens make no sense. Can a general contractor/owner really be on the hook for materials that a subcontractor was paid for? The sub didn’t pay their supplier, but I do not understand why the supplier has a claim against the owner/GC instead of the sub? FYI Texas law applies here

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I don't know Texas, but I'm licensed in 2 other states, and typically, there are several prerequisites that need to be met before a lien can be claimed and enforced against the owner. Has the supplier complied with those prerequisites?

It's not "instead of", it's both. Breach against the sub, and a lien. Owner/GC have no one to blame but themselves. Should have required lien waivers from all downstream subs and suppliers before paying the sub. Most do.

I don’t know how many other states have done/may be doing the same, but a few years ago the NC mechanic’s lien statutes were revised to void unconditional waivers prior to final payment and any waivers requiring the payee to waive lien rights as a condition of being paid. Now payment is a condition of waiving.

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