Home>Levelset Community>Legal Help>I filed a Texas Public Monthly Notice, Notice Required For Claim For Payment For Labor Or Materials Document listing the Surety as "requested" . Since this information was not provided does it invalidate the notice?
I filed a Texas Public Monthly Notice, Notice Required For Claim For Payment For Labor Or Materials Document listing the Surety as "requested" . Since this information was not provided does it invalidate the notice?
My understanding is the bond claim was included with the required monthly notice at the same time. I wanted to make sure our bond claim is still valid. This is for my Schertz, TX project.
1 reply
Mar 8, 2019
Texas notice and claim requirements are some of the most complex anywhere in the country.
If the party contracted with the prime contractor, notice is due by the 15th day of the 3rd month following every month materials and/or labor are furnished, but unpaid. If the party did not contract with the prime, an additional notice is required by the 15th day of the *2nd month* following each month in which labor and/or materials were furnished but unpaid.
Bond claims in Texas don’t operate as they do in other states – rather than one single claim, Texas bond claims are made on a recurring basis. The 3rd month notice mentioned above is the actual "bond claim" in Texas. There are additional requirements to make a claim against contract funds, or to make a claim for retainage.
A bond claim notice is required to be delivered to the prime contractor and the surety on the project.
There are, however, methods built into Texas law to obtain the required information. Sec. 2253.024 provides that:
"(a) A prime contractor, on the written request of a person who provides public work labor or material and when required by Subsection (c), shall provide to the person: (1) the name and last known address of the governmental entity with whom the prime contractor contracted for the public work; (2) a copy of the payment and performance bonds for the public work, including bonds furnished by or to the prime contractor; and (3) the name of the surety issuing the payment bond and the performance bond and the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, for obtaining information concerning licensed insurance companies"
[emphasis added]
Additionally, the information can be obtained from the governmental entity itself in certain circumstances. Sec. 2253.026 provides that:
" A governmental entity shall furnish the following information to a person who makes a request under Subsection (a): (1) a certified copy of a payment bond and any attachment to the bond; (2) the public work contract for which the bond was given; and (3) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, for obtaining information concerning licensed insurance companies."