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Texas Property Code

§ 53.057 — DERIVATIVE CLAIMANT: NOTICE OF CLAIM FOR UNPAID RETAINAGE

PR § 53.057Title 5. EXEMPT PROPERTY AND LIENS · Part B. LIENS · Ch. 53. MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN · Art. C. PROCEDURE FOR PERFECTING LIEN

Statute text

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(a)To the extent that a claim for unpaid retainage is not included wholly or partly in a notice provided under Section 53.056, a claimant other than an original contractor whose contract provides for retainage must give notice under this section for a lien for unpaid retainage to be valid. (a-1) The claimant must send the notice of claim for unpaid retainage to the owner or reputed owner and the original contractor not later than the earlier of:
(1)the 30th day after the date the claimant's contract is completed, terminated, or abandoned; or
(2)the 30th day after the date the original contract is terminated or abandoned. (a-2) The notice must be in substantially the following form: "NOTICE OF CLAIM FOR UNPAID RETAINAGE "WARNING: This notice is provided to preserve lien rights. "Owner's property may be subject to a lien if sufficient funds are not withheld from future payments to the original contractor to cover this debt. "Date:________________ "Project description and/or address: ________________ "Claimant's name: ________________ "Type of labor or materials provided: ________________ "Original contractor's name: ________________ "Party with whom claimant contracted if different from original contractor: ________________ "Total retainage unpaid: ________________ "________________ (Claimant's contact person) "________________ (Claimant's address)" (a-3) The notice may include an invoice or billing statement.
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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 2, eff. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 12, eff. January 1, 2022. Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 13, eff. January 1, 2022. Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.