Texas Notice of Contractual Retainage Form

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Fill out the fields to download a free Notice of Contractual Retainage form. When filled out and served properly, this notice protects the sender’s right to file a lien if the retainage isn’t paid. This notice is required under Texas mechanics lien laws.

About the Notice of Contractual Retainage form

In order to protect the right to file a lien against the retainage withheld on a contract, a Texas contractor must send a Notice of Contractual Retainage form. This is a type of Texas construction notice that is required in order to preserve the contractor’s right to file a mechanics lien claim if they do not receive the retained funds. Texas retainage rules are specific about the amount and timing of payments.

Read the guide: How to fill out and send a Notice of Contractual Retainage

This notice must be sent to to the owner or the original contractor (depending on your role) within either:

(1) 30 days after the contract providing for retainage is completed, terminated or abandoned, or (2) 30 days after the original contract is terminated or abandoned; whichever is earlier.

References

Texas Property Code § 53.057: Notice for Contractual Retainage Claim

Others are asking about Texas Preliminary Notice

Texas Second Month Notice Requirememts

Yes You should Send a 2nd Month Notice, if you Still Yet to Be paid i'd love to talk to you more about what's happening and help get it resoved give me a call at 972-872-8783

Can I file a prelim for an LDS Temple in the American Soma?

Texas law will not apply. If the project is in American Somoa, the local law will apply. So, you should retain a construction lawyer familiar with the mechanic's lien law in that part of the world.

Good luck.

May we file a judgement on the customer/property owner/general contractor?

Your question is a bit unclear in its wording, however, it sounds like you may want to contact a collections attorney. Levelset provides a list of attorneys in each state here: https://www.levelset.com/payment-help/experts/experts-by-state/ . From that directory you may find a law firm in your area to call privately.

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Texas County Recorders

Looking to file/record a mechanics lien in Texas? You'll need to get your Texas mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Texas. Click on any county to find more information about how to get your lien recorded in that county.