I would like to know if I can file a lien for retainage in TX.
1 reply
Nov 21, 2018
The short answer to whether a lien may be filed for retainage in Texas is: "yes." The longer answer is that, like everything related to Texas lien law, it's complicated.
Texas § 53-057 sets forth notice requirements for situations in which a party furnishes labor or material to a project "under an agreement with an original contractor or a subcontractor providing for retainage." The notice must contain certain information, and must be provided not later than the earlier of:
"(1) the 30th day after the date the claimant’s agreement providing for retainage is completed, terminated, or abandoned; or
(2) the 30th day after the date the original contract is terminated or abandoned."
If the notice is provided, and a lien is later filed either pursuant to § 53-055 (the general mechanics lien affidavit) or § 53-103 (the specific Lien on Retained Funds) the claimant has a lien on the retained funds.