Texas Property Code 53.057 – Derivative Claimant: Notice of Claim for Unpaid Retainage
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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 § 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.
Terms Used In Texas Property Code 53.057
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means real and personal property. See Texas Government Code 311.005
(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.
(b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.
(b-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.
(c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.
(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.
(e) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.
(f) A claimant has a lien on, and the owner is personally liable to the claimant for, the reserved funds under Subchapter E if the claimant:
(1) gives notice in accordance with this section and:
(A) complies with Subchapter E; or
(B) files an affidavit claiming a lien not later than the date required for filing an affidavit under the applicable provision of § 53.052; and
(2) gives the notice of the filed affidavit as required by § 53.055.
(g) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.