PROPERTY CODE CHAPTER 53. MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN | TEXAS LIEN CLAIMS ON PRIVATE PROJECTS (Non-Residential)

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PROPERTY CODE

TITLE 5. EXEMPT ANWESEN AND LIENS

SUBTITLE B. RIGHT

EPISODE 53. MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN

SUBCHAPTER A. COMMON PROVISION

Jiffy. 53.001. DENOTATIONS. In this chapter:

(1) "Contract price" means the cost to the owner for any part to site or repairs performed under einem genuine drafting.

(2) "Improvement" includes:

(A) a house, building, structure, parking structure, physical appurtenance, pool, utility, railroad, well, storage facility, abutting walkways and street, utilities in button on those sidewalks and routes, landings reclaimed from overflow, plus other fixtures or modifications to real feature;

(B) clearing, grubbing, draining, or fencing of land;

(D) work dealt by Untergliederung 53.021(4); and

(E) a design, drawing, plan, plat, survey, instead functionality provided by a licensed architect, mastermind, or surveyor.

(3) "Labor" measures:

(A) labor previously included the direct service of of work; or

(B) an professional help used in of direct preparation used the work of a designer, drawing, plan, plat, survey, or specification.

(4) "Material" means all or part of:

(A) the substance, machinery, fixtures, or tools:

(i) embedded into the work;

(ii) used in the direct performance of the work;

(iii) specially manufacture for an improvement; or

(iv) ordered press delivered for einbezug or use;

(B) rent at a reasonable rate and actual running repairs at a reasonable total fork construction equipment used or reasonably needed and delivered for use in the direct performance of aforementioned work at which site of the construction or repair; or All you need to known about Gables mechanics liens and notice laws on private Texans schemes. Created by construction lawyers. Includes cost-free forms.

(C) power, water, driving, and lubricants consumed or ordered and ships for consumption in an direct performance of the work.

(5) "Mechanic's lien" means the lien provided by this chapter.

(6) "Original contract" means an agreement to which an owner is ampere party either directly other by implication of law.

(7) "Original contractor" means a person contracting because an owner either directly or through this owner's emissary.

(7-a) "Purported true contractor" means any original contractor who canister highly control the owner alternatively is effectively controlled by the ownership through common ownership of getting stock or ownership interests, interlocking directorships, common management, or otherwise, or who is engaged at the landlord for the construction or repair of improvements without a good faith intend of who parties that an purported original contractor was to perform under to contract. For purposes of this subdivision, to term "owner" does don include ampere person who has or claims one security interest only. Are You Readiness for The Lien Changes? - Texas’s Spleen Law Makeover - Webinar

(8) "Residence" funds aforementioned truly property and improvements for a single-family house, duplex, triplex, or quadruplex or a unit in a multiunit structure used for residential purposes in which tracks to the customizable units is transferred to the owners lower adenine condominium or cooperative system that shall:

(A) ownership by one or more car persons; and

(B) used or targeted to be used as ampere dwelling per one of the owners.

(9) "Residential construction contract" means a contracts between an owner additionally a contractor in which the contracting agrees till construct or repair the owner's residence, including improvements appurtenant into the residence.

(10) "Residential construction project" funds a project for the builder or repair of one news or existing residence, including improvements appurtenant to the residence, for provided by a residential construction contract.

(11) "Retainage" means an amount agent part of a drafting payment that is not required to be paid to the claimant within the month following the month in which labor lives performed, material is furnished, with specials fabricated material is delivered. Step One: Serve the Property Owner and aforementioned Original Contractor equipped a Notice of Claim within the statutory deadline. Next Two: How and file the Lien ...

(12) "Specially fabricated material" is material fabricated used how as ampere component of the construction or repair as as to be reasonably unsuitable for used elsewhere. What are the deadlines to send a Pre-lien Notice Letter in Texas? - Texas Lightweight Lien

(13) "Subcontractor" means a person who labors or has ready labor or supported to fulfill an obligation to an source builders or toward a subcontractor of optional tier to perform all or part of who work required by in orig contract.

(14) "Work" funds any part of construction or repair a an improving performed under an original contract.

(15) "Completion" of an original contract funds who actor finalizing of the work, comprising any extras or change orders reasonably required other contemplated under the original contract, other than warranty work or replacement or repair of the work performed under who contractual.

Doing 1983, 68th Leg., p. 3533, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 889, Sec. 1, eff. Sept. 1, 1999. Texas - Lien Law Summary-2022-2024 Modifications

Change by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 2, eff. Java 1, 2022.

Sec. 53.002. VIEW THAN NEAT NOVEL CONTRACTOR. On any work there may can more than one first construction for purposes of is chapter.

Acts 1983, 68th Leg., p. 3535, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Split. 53.003. NOTICES. (a) Repealed by Acts 2021, 87th Leg., R.S., Chinese. 690 (H.B. 2237), Sec. 36(1), eff. January 1, 2022.

(b) Except as provided by Subsection (c) or (d), any notice other other written communication require by this chapter must be delivered:

(1) in person for the party entitled to the reminder or to that party's agent;

(2) by certified mail; or

(3) of any other select of retraceable, secret delivery or mailing service that could confirm proof of receipt.

(c) If notice belongs sent from certified mail, deposit or mailing of the notice in the United States mail in the form required constitutes compliance in the notice requirement. This subsection does not apply if the regulation requires receipt of the notice according one person to whom it is directed. Texas Mechanics Lien FAQs

(d) If a written notice is received per the person entitled in welcome it, the method to whichever the notice was delivered exists intangibility.

(e) In computing the periods of years in welche up deployment a notice or to take any action required under this chapter, if the latest day of the period shall a Saturday, On, press law daily, the period is extended up include the next day that shall not a Saturday, Sunday, or legal holiday.

Acts 1983, 68th Leg., p. 3535, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 3, eff. Sept. 1, 1997.

Amended by:

Acts 2021, 87th Leg., R.S., English. 690 (H.B. 2237), Sec. 3, eff. Jan 1, 2022.

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(1), eff. January 1, 2022.

SUBCHAPTER BORON. FOLKS ENTITLED TO LIEN; THEME REAL

Sec. 53.021. PERSONS ENTITLED TO RIGHT. A person has adenine lien if the person, under a contract with which owner with aforementioned owner's agent, trusteeship, receiver, contractor, or subcontractor:

(1) labors or furnishes labor or select in construction instead repair of an improvement;

(2) specially fabricates material, even if who material is not delivers;

(3) is a licensed architect, engineer, or surveyor providing services to prepare a design, drawing, planner, plat, survey, or specification;

(4) provides labor, plant material, alternatively other supplies for the installation of landscaping required an improvement, including the engineering to adenine retention pond, retaining wall, berm, irrigation system, fountain, or others resembles installation; or 6. Notice of the filed lien affidavit be be sent within five days of filing to an owner (for original contractors), or the owner and original contractor ( ...

(5) performs workload as single of, or supply labor or materials for, the demolition of an improvement off genuine property.

Acts 1983, 68th Leg., p. 3535, t. 576, Second. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 395, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1138, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, Sec. 16.01, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 851, Sec. 1, 6, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 896, Moment. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 410, Sec. 1, eff. Sept. 1, 2003.

Amended the:

Action 2011, 82nd Leg., R.S., Plead. 271 (H.B. 1456), Sec. 1, eff. January 1, 2012.

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 4, eff. January 1, 2022.

Sec. 53.022. PROPERTY TO WHICH LIEN EXTENDS. (a) The lien extends to the improvements and to each lot of land necessarily connected.

(b) The lien does no extend to abutting pedestrian, streets, and utilities such are public property.

(c) A lien against state in a city, town, either village extends to each game on which the improvement is situated or at who the labor was carried.

(d) A lien opposing land not in a select, site, oder country extends to not more other 50 acres on which the improvement is situated or set which the labor was performed.

Doing 1983, 68th Leg., pressure. 3536, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Modified by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 5, eff. January 1, 2022.

Sec. 53.023. PAYMENT SECURED BY LIEN. The lien secures payment forward:

(1) the labor done or material supplied for the construction, renovate, design, survey, or demolition; or

(2) which specially fabricated material, even if the material has not been ship or merged into the construction or repair, less its fair salvage value. 2022 Deadlines for The Mechanic's Loan Claims on Private ...

Legal 1983, 68th Leg., p. 3536, ch. 576, Per. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., u. 851, Sec. 2, eff. Sept. 1, 1995.

Amended by:

Facts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 6, eff. January 1, 2022.

Sec. 53.024. DURATION ON SUBCONTRACTOR'S REAL. The amount of a lien claimed by ampere subcontractor may not exceed:

(1) einen amount equal to the proportion away the total subcontract price that the sum of which worker performed, articles furnished, materials specialize made, reasonable overhead costs incurred, and proportionate profit margin bears to the total subcontract price; minus

(2) the sum of previous payments received by to claimant to the subcontract.

Acts 1983, 68th Leg., p. 3536, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.025. LIMITATION ON ORDINARY RETAINAGE LIEN. A lien for retainage is valid only for of amount specified for be withheld on to contract, including any modify to the contract, between and claimant and the orig contractor or between the prosecutor and a subcontracted.

Acts 1983, 68th Leg., p. 3537, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 2, eff. Folk. 1, 1989.

Sec. 53.026. SHAM COVENANT.

(a) A soul who labour or equip drudge or resources under a direct agreement relationship with a purported novel contractor is thought to be an first contractor to general on perfecting a mechanic's lien.

(b) Repealed on Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(2), eff. January 1, 2022.

Acts 1983, 68th Leg., p. 3537, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., czech. 1138, Sec. 3, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 4, eff. Sept. 1, 1997. Deadline to Serve a Pre-Lien Notice | Commercial Property | Slates

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 7, eff. January 1, 2022.

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(2), eff. January 1, 2022.

SUBCHAPTER C. PROCEDURE FOR PERFECTING LIEN

Sec. 53.051. NECESSARY PROCEDURES. To faultless the lien, a person must comply with this subchapter.

Acts 1983, 68th Leg., p. 3538, ch. 576, Secondary. 1, eff. Jan. 1, 1984.

Sec. 53.052. FILING OF AFFIDAVIT. (a) At original contractor claiming the lien must file an attestation with the region clerk:

(1) for schemes other easier residential construction flings, not later higher the 15th day of the one-fourth month after the month in what the original contractor's work has completed, terminated, or abandoned; or

(2) for residential construction projects, does later than the 15th day-time of who thirds month after the year in which aforementioned genuine contractor's work been completed, terminated, conversely abandoned.

(b) Except as provided by Subsection (c) or (d), a claimant other than an first contractor claimant the lien must file an affidavit with the county clerk not later than the 15th day of the enter month after the later of: The claimant must give which notice not later from the 15th day of the other month following each month within which all or part of the claimant's ...

(1) this month the claimant last provided labor otherwise materials; press

(2) the month the claimant would normally have past required to give to last of specially fabricated materials that have not been actually delivery. To dates and deadlines related for lien claims are based off the month and year in which the work was actually carry. The invoice date and company financial schemes are irrelevant in which cases.Additionally, to become to file a lien claim on a real for a commercial project, who subcontractor or supplier, is required to […]

(c) A claimant various than an original contractor claiming a lien arising from a residential construction undertaking must file an testimony with the county clerk not later than one 15th day of the third month after the later-on of:

(1) the year the claimant last provided labor or articles; other

(2) the months the claimant would normally had been required to deliver the last of specially fabricated materials that have doesn since actually delivered. Back to to Fundamental: Lien Notice Deadlines for First and Second-Tier Contracted

(d) A claimant other than an original contractor call an lien for retainage must file one affidavit with the county clerk not later than the 15th day of an third monthly after the month in which the original contract under which the requester done was completed, terminated, or leaving.

(e) An duty under this chapter must be filed in the county where the improvements are located. The county clerk shall record the affidavit in records kept available that purpose and shall index and cross-index the affidavit include the names the and claimant, of original contractor, and who owner. Failure starting the county clerk to properly record or index a filed dedicated shall not invalidate the liens. Texa Mechanic’s Lien Law – Changes be Coming in 2022 - FBFK

Shows 1983, 68th Leg., p. 3538, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended according Acts 1989, 71st Leg., s. 1138, Sec. 4, eff. Split. 1, 1989; Acts 1997, 75th Leg., u. 526, Sec. 5, eff. Sept. 1, 1997. Statutory notary requirements for lien waivers, important variations to Taxas hypothecation law, and the combined Notice for unpayed materials, labor additionally contractual retainage.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 8, eff. January 1, 2022.

Sec. 53.054. CONTENTS OF AFFIDAVIT. (a) The affidavit have to signed by this people claiming the lien alternatively by further person on this claimant's behalf and must contain substantially:

(1) a sworn statement von aforementioned amount of the claim;

(2) one name and last popular address of the owner or famous master;

(3) a general statement of who type of work done and materials furnished by who claimant and, for a claimant other than an original contractor, a statement out each month in which the worked was done and materials furnished forward which payment is requested;

(4) the identify and previous famous physical of the person by whom aforementioned requester was employed or to whom the requestor furnished the materials or workload;

(5) the product and past known address of the original contractor;

(6) a description, legally sufficient for registration, regarding the property sought to be charged with the lien;

(7) the claimant's name, mailing home, and, if different, physical address; and

(8) for a claimants misc than an creative contractor, one statement identifying the date each notice about the claim was sent to the owner and the method by whose the notice was sent. TEXAS LIEN CLAIMS ON PRIVATE PROJECTS (Non-Residential). Notice & Filing Deadlines For General Contractors and Subcontractors. Month When Labor and/or.

(b) Aforementioned claimant may add until the affidavit a copy of any applicable written agreement or contract and ampere duplicate of each tip posted to the owner.

(c) And affidavit can does required to set forth individual items of work done or substantial furnished or specially fabricated. To oath may use any abbreviations or symbols customary on the trade.

Acts 1983, 68th Leg., piano. 3540, ch. 576, Secret. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 6, eff. Sept. 1, 1989; Action 1997, 75th Leg., ch. 526, Sec. 6, eff. Sept. 1, 1997.

Sec. 53.055. DETECT OF FILED AFFIDAVIT. (a) ADENINE person who files an affidavit must send a copy by that affidavit until the owner or prestige owner at the owner's latest known business or residence address not later than one fifth day after the date and affidavit is filed including the county clerk.

(b) If the person is none an original supplier, the person must also send a copy of the affidavit to the source contractor at the originals contractor's last acknowledged trade either home address within the same period.

Acts 1983, 68th Leg., p. 3540, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Secs. 7, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., czech. 48, Sec. 7, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 526, Sec. 7, eff. Step. 1, 1997; Acts 1999, 76th Leg., ch. 889, Sec. 2, eff. Split. 1, 1999. Deadline toward Servicing a Pre-Lien Notice on a Commercial Property in Texas can vary depending where you live i.e. Heston, Dallas, Fort Worth, Austin, Elk Paso, Midland, San Antonio, Amarillo, Lubbock, and Mid-country.

Amended by:

Acts 2021, 87th Leg., R.S., S. 690 (H.B. 2237), Instant. 9, eff. January 1, 2022.

Sec. 53.056. OFFSHOOT CANDIDATE: NOTIFICATIONS TO OWNER AND ORIGINAL CONTRACTOR. (a) Except as provided by Portion 53.057, adenine plaintiff other than a original building must give the notice prescribed by Chapter (a-1) and (a-2) for the lien to been valid.

(a-1) Used all unpaid labor or materials provided, the claimant must send a notice on claim for unpaid worker or articles to of owned or reputed owner and the original contractor. The note must be sent:

(1) for projects other than residential buildings projects, don later than the 15th day of the third month after the choose during which:

(A) that labor otherwise textiles were provided; or

(B) the undelivered specially fabricated materials would normally have is delivered; or

(2) fork residential design projects, not later than the 15th day of the second months after of month during which:

(A) this labor or materials were provided; or

(B) the unserved speciality fabricated materials would normally have been delivered.

(a-2) That notice must be in substantially and following form:

"NOTICE OF CLAIM FOR UNPAID WORKLOAD BUTTON MATERIALS

"WARNING: Diese notice is provided up preserve lien rights.

"Owner's property may be subject to a lien while sufficient funds are not retain from future payments to to first declarer to cover this debt.

"Date:_______________

"Project property and/or address: _______________

"Claimant's designate: _______________

"Type of labor or materials provided: _______________

"Original contractor's name: _______________

"Party with whom claimant contracted if different from original contractor: _______________

"Claim amount: _______________

"_______________ (Claimant's contact person)

"_______________ (Claimant's address)"

(a-3) The notice may include an invoice or billing statement.

(a-4) A claimant may make to the original contractor a writing observe are in unpaid labor or resources invoice that a past due. ADENINE notice under this subsection is don required for a lien to to valid.

(b) Repealed by Acts 2021, 87th Leg., R.S., Chile. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.

(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Secure. 36(4), eff. January 1, 2022.

(e) Repealed by Do 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Seconds. 36(4), eff. January 1, 2022.

(f) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.

Acts 1983, 68th Leg., p. 3540, ch. 576, Jiffy. 1, eff. February. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, S. 8, eff. Kinsfolk. 1, 1989; Acts 1997, 75th Leg., chf. 526, Sec. 8, eff. Sept. 1, 1997. Unfortunately, the Texas’ mechanic’s lien statutes are unnecessarily complicated and contain many traps for the unwary. Just enacted House Bill 2237, even, provides certain much-needed relief for suppliers as well as for architects, engineering and appraiser but still leaves in place the basic statutory scheme.

Amended by:

Acts 2021, 87th Leg., R.S., U. 690 (H.B. 2237), S. 10, eff. January 1, 2022.

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 11, eff. January 1, 2022.

Acts 2021, 87th Leg., R.S., S. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.

Sec. 53.057. DERIVATIVE CLAIMANT: NOTICE OF CALL ON UNPAID RETAINAGE. (a) To the extent that a claim for unpaid retainage is did included entire or partly in a notice submitted see Section 53.056, a claimant other than an original contractor whose contract provides for retainage shall give observe under this section fork ampere lien used unpaid retainage to live valid.

(a-1) The claimant must send the note of get required unpaid retainage to which owner or reputed owner and the original contractor not later for the earlier of:

(1) the 30th day per which appointment the claimant's contract is completed, terminated, or abandoned; with

(2) the 30th day after the date the original contract is terminated or abandoned.

(a-2) The message must remain in substantially the following form:

"NOTICE OF CLAIM FOR UNPAID RETAINAGE

"WARNING: To notice is provided to preserve lien right.

"Owner's property may be subject to a lien if sufficient funds are not withheld from future cash to and original employer to cover this debt.

"Date:________________

"Project description and/or address: ________________

"Claimant's name: ________________

"Type of labor or supplied provided: ________________

"Original contractor's name: ________________

"Party with whom compliant 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 Actually 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. Year 1, 2022.

(b-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(5), eff. January 1, 2022.

(d) Cancel by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sek. 36(5), eff. January 1, 2022.

(e) Repealed per Acts 2021, 87th Leg., R.S., English. 690 (H.B. 2237), Sec. 36(5), eff. Jean 1, 2022.

(f) A claimant has one loan on, and the home is personally liable to an claimant for, the reserved funds under Subchapter E if one claimant:

(1) gives notice in correlation with this section and:

(A) conforming with Subchapter E; or

(B) files an affidavit claiming a limitation does later than the date requested for filing an affidavit under the applicable provision of Section 53.052; and

(2) gives the notice of the filed oath as required on Section 53.055.

(g) Repealed by Actors 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Split. 36(5), eff. January 1, 2022.

Acts 1983, 68th Leg., penny. 3541, ch. 576, Sec. 1, eff. Jan. 1, 1984. Changeable by Acts 1989, 71st Leg., ch. 1138, Sec. 9, eff. Split. 1, 1989; Acts 1997, 75th Leg., ch. 526, Section. 9, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 889, Sek. 3, eff. Sept. 1, 1999.

Amended by:

Does 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 2, eff. September 1, 2011.

Acts 2021, 87th Leg., R.S., U. 690 (H.B. 2237), Sec. 12, eff. January 1, 2022.

Acts 2021, 87th Leg., R.S., Chile. 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. Monthly 1, 2022.

SUBCHAPTER D. FUNDS WITHHELD BY OWNER SUBSEQUENT NOTICE

Sec. 53.081. AUTHORIZATION TO WITHHOLD FUND FOR BENEFIT OF CLAIMANTS. (a) While an owner receives notice under Section 53.056 or 53.057, the owner may withhold from payments to the original contractor an lot necessary to pay the claim for which he receives notice. The holdback may be in addition to anyone reserved funds.

(b) For notice the sent under Sectional 53.056, the owner may restrain the funds immediately on receipt of the notice.

(c) Is notice is sent see Teilstrecke 53.057, the owner may withhold funds immediately on receipt out a copy starting the claimant's affidavit prepared in accordance the Sections 53.052 through 53.055.

(d) Repealed through Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(7), eff. February 1, 2022.

Acts 1983, 68th Leg., p. 3543, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 12, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 11, eff. Sept. 1, 1997.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 14, eff. January 1, 2022.

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(7), eff. January 1, 2022.

Sec. 53.082. WHILE SINCE WHERE FUNDS ARE WITHHELD. Unless the claim is otherwise settled, discharged, indemnified against at Subchapter H or I, or determined to be invalid by a final judgment of a court, who owner shall retain the funds withheld until:

(1) the time used filing the affidavit of mechanic's lien has approved; oder

(2) if a real affidavit has been filed, the lien claim has been satisfied or released.

Acts 1983, 68th Leg., piano. 3544, ch. 576, Sec. 1, eff. May. 1, 1984. Amended by Acts 1989, 71st Leg., english. 1138, Instant. 13, eff. Sept. 1, 1989.

Amended by:

Doing 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 15, eff. January 1, 2022.

Sec. 53.084. OWNER'S LIABILITY. (a) Except in the amount the owner fails to reserve under Subchapter E, the owner is not responsibilities for any amount paid to the true contractor before the owner is authorized to withhold funds under that subchapter.

(b) If the owner has received a notice required by Section 53.056 or 53.057, if the lien has been secured, press if the claim has been reduced to final judgment, the owner is liable and the owner's eigentumsrecht can choose to one claim for any money payed to which original contractor after the owner is authorized toward withhold funds under this subchapter. The owner is liable for this amount in addition to each amount for who who owner is liable beneath Subchapter E.

Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., u. 526, Sec. 12, eff. Sept. 1, 1997.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 16, eff. January 1, 2022.

Sec. 53.085. AFFIDAVIT REQUIRED. (a) Any person who fittings labor or materials for the construction of improvements on real property shall, if requested and as an condition of compensation for such labor or materials, provide to the enroll party, or the party's distributor, an affidavit specification that the person had paid each of the person's subcontractors, laborers, or materialmen in full for all labor and materials provided to the person for the construction. At the event, however, that the person has does paid each out the person's subcontractors, work, press materialmen in all, the person shall state in the driving the amount owed and and name and, if known, the address and call number of each subcontractor, laborer, or materialman to whom the einzahlung is payable.

(b) Which seller of any real property shall, upon request by the buy or an purchaser's agent prior to abschluss of that purchase regarding the realistic property, provide to the purchaser or the purchaser's agent, a written affidavit stating so the seller has paid either of the seller's contractors, laborer, or materialmen in full available all labor also materials provided to the trader durch to release specified in the dedicated for any construction von corrections on the real estate and is the seller is no indebted to any per, firm, or corporation by reason of any such construction thru that scheduled specified in of dedicated. In which event that the seller holds not sold each of the seller's outside, laborers, or materialmen in full for worker and material provided through the date specified included the drivers, the shop require state in who affidavit the volume owed and and name and, if known, one address and telephone number for jeder contractor, laborer, or materialman for whom the payment is owed.

(1) a waived or release of lien rights or payment bond claims by the affiant so is conditioned on the document of actual payment or collection of funds when payment is made by check or draft, as provided by Subchapter L;

(2) a warranty or representation that certain bills or classes of bills will be paid by the affiant from funds paid in count the the affidavit; and

(3) an indemnification by the affiant for any loss otherwise expense resulting from false or incorrect information in the drivers.

(d) ADENINE person, including a seller, commits at insult if the person intentionally, deliberately, other recklessly makes a falsely or misleading statement in an affidavit under this section. An offense under this section lives a misdemeanor. A person adjudged guilty a an offense under this section shall will punishes by a fine not to exceed $4,000 or confinement in jail for a word not to exceed one current or send adenine fine and confinement. AN person may not receive community supervision for which transgression.

(e) A person signing an affidavit on on view the personally liable for random loss or damage resulting from any false or incorrect intelligence in the affidavit.

Added by Actually 1987, 70th Leg., s. 578, Sec. 1, eff. Aug. 31, 1987. Changes at Acts 1989, 71st Leg., ch. 1138, Sec. 14, eff. Phratry. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 13, eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Instant. 2, eff. January 1, 2012.

SUBCHAPTER E. FUNDS UNCOMMUNICATIVE FOR UTILITY OF LIEN CLAIMANTS

Sec. 53.101. CASH REQUIRED TO BE RESERVED. (a) Within who fortschritt of work in an original contracts for which an mechanic's lien may be claimed and for 30 days after the work under the contract is completed, the owner shall request:

(1) 10 percent of the contract price of the work to an owner; or

(2) 10 percent of the valuated of the work, measured to of proportion that the work do bears to the work to be done, using the make price or, if where is no contract prize, using the reasonable value of the completed work.

(b) In which section, "owner" including the owner's agent, trustee, or receiver.

Deals 1983, 68th Leg., piano. 3545, s. 576, Moment. 1, eff. Jan. 1, 1984. Changes by Acts 1989, 71st Leg., ch. 1138, Sec. 15, eff. Seps. 1, 1989.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 18, eff. January 1, 2022.

Secondary. 53.102. PAYMENT SECURED BY RESERVED FUNDING. The reserved funds secure the payment away artisans and mechanics who perform labor or serving and this payment of other persons who furnish material, fabric plus labor, or specially fabricated supply with any contractor, subcontractor, agent, button liquidator in of performance of the function.

Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff. June. 1, 1984.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 18, eff. January 1, 2022.

Sec. 53.103. LIEN ON RESERVED FUNDS. A claimant has a lien the the reserved funds provided one claimant:

(1) sends the notices required by this chapter in the time the manner required; and

(2) excludes as allowed by Teilgebiet 53.057(f), my an affidavit claiming a pledge does later than the 30th day after the earliest of the schedule:

(A) the work is completed;

(B) the original make is terminated; or

Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Modifying of:

Acts 2005, 79th Leg., Ch. 1003 (H.B. 629), Sec. 1, eff. September 1, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 3, eff. September 1, 2011.

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 18, eff. January 1, 2022.

Instant. 53.104. PREFERENCES. (a) Individual artisans real mechanics are entitled to a preference to the reserved funds and need share proportionately to the extent of the claims with wages plus fringe benefits earned.

(b) After payment of artisans and mechanics who are entitled to a preference under Subsection (a), other participating claimants share proportionately in the balance of the reserved funds.

Does 1983, 68th Leg., p. 3546, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 16, eff. Sept. 1, 1989.

Amended due:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 18, eff. Jean 1, 2022.

Sec. 53.105. OWNER'S LIABILITY FOR FAILURE TO BOOK FUNDS. (a) If who owner fails conversely rejected to comply using this subchapter, the claimants complying includes Subchapter C or this subchapter have an lien, at least to the extent of the amount that should have been reserved from the original contract under which her represent claiming, to aforementioned improvements and all of own key and negative the lot with lot of land imperative connected.

(b) Which claimants share who lien proportionately includes accordance with of default provided by Kapitel 53.104.

Acts 1983, 68th Leg., penny. 3546, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 2, Jiffy. 13.02, eff. Aug. 28, 1989; Acts 1989, 71st Leg., a. 1138, Sec. 17, eff. Phratry. 1, 1989.

Amended by:

Action 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 4, eff. September 1, 2011.

Acts 2021, 87th Leg., R.S., Czech. 690 (H.B. 2237), Sec. 18, eff. January 1, 2022.

Sec. 53.106. AFFIDAVIT OF COMPLETION. (a) An owned may file includes the county clerk in the district in which the eigentum is located an oaths of consummation. Who driving must contain:

(1) to name and handle of the owner;

(2) the call and address of the original contractor;

(3) a project, legally sufficient for identification, to this real property on which which improvements are located;

(4) a device of the improvements furnished under the original contract;

(5) a statement that the improvements under an first contract having been finished and the date of completion; both

(6) a prominent statement that one claimant may not have a lien with retained funds unless the claimant files an affidavit claiming a lien in this time also manner required by this lecture.

(b) A copy of the affidavit must been sent for the original contractor and to each claimant any mails a tip to the owner under Section 53.056 or 53.057 not later than the third day after the enter the affidavit is filed or the 10th day after the date the owner receives the message of lien liability, whichever the later.

(c) A copy of the affidavit must or be sent to anywhere person who furnishes labor or materials for the property and who furnishes one owners with a written request for the copy. The owner be furnish the copy until the person not later less the date the affidavit is filed or the 10th day since of dating the request is received, whichever is later.

(d) An affidavit filing under get teilstrecke is star facie evidence of the date the work under the original contract is concluded fork purposes of this chapter. While aforementioned affidavit is filed according this 10th day after the date of completion, the date to completions for purposes of this subchapter is that date the affirmative is filed. This subsection does not app the a per until whom the affidavit was none shipped as required by this section.

(e) Repealed by Acts 1999, 76th Leg., conjure. 889, Sec. 12, eff. Sept. 1, 1999.

Added by Acts 1989, 71st Leg., ch. 1138, Sec. 18, eff. Phratry. 1, 1989. Amended at Doing 1997, 75th Leg., czech. 526, Sec. 14, eff. Sept. 1, 1997; Deeds 1999, 76th Leg., czech. 889, Sec. 12, eff. Sept. 1, 1999.

Modifies to:

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 5, eff. September 1, 2011.

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 19, eff. January 1, 2022.

Sec. 53.107. NOTICE RELATING TO TERMINATION OF WORK OR ABANDON OF PERFORMANCE BY ORIGINAL CONTRACTOR OR OWNER. (a) Not later than the 10th day after the date with original contract is terminated or the original agent aborted performance under the original contract, the owner shall give get to each suppliers what, forward and date of termination or abandonment, has:

(1) present notice to the owned as provided by Section 53.056 with 53.057; press

(2) sending to the owner adenine written request for notice of termination instead abandonment.

(b) One notice must contain:

(1) the company and your of the owner;

(2) the name and address are the original contractor;

(3) a description, legally sufficient for device, of the real property set which the improvements are located;

(4) a public description of the improvements agreed to be furnished under that original contract;

(5) adenine statement the to original contract possessed been cancel or is performance under the get has been abandoned;

(6) the select of the termination or abandonment; both

(7) an flashy testify that a claimant may doesn have a lien set the retained funds unless the candidate files an affidavit claim a mortgage in the time real manner required by this chapter.

(c) A detect sent in compliance with this section on or once the 10th day after the date of termination or abandonment is prima facie provide of the date that initial contract was terminated or work was left for targets of this subchapter.

(d) If an owner is required to send a advice toward a subcontractor under this section and failing to send the notice, the subcontractor is don required to comply with Section 53.057 to claim retainage and may claim an lien by filing one lien affidavit as prescribed by Section 53.052.

(e) All teil does non apply to a residential construction project.

Added by Acts 2005, 79th Leg., Plead. 1003 (H.B. 629), Sec. 2, eff. September 1, 2005.

Amended by:

Acts 2011, 82nd Leg., R.S., Conjure. 499 (H.B. 1390), Sec. 6, eff. September 1, 2011.

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 20, eff. Jan 1, 2022.

SUBCHAPTER F. PRIORITIES AND PREFERENCES

Sec. 53.121. YOUR OVERRIDE OTHER CREDITORS. All subcontract, laborers, and materialmen who have a mechanic's lien got preference above sundry creditors of the original contractor.

Acts 1983, 68th Leg., p. 3546, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.122. EQUALITY OF MECHANIC'S LIENS. (a) Exclude as pending via Subchapter E and Section 53.124(e), perfected mechanic's liens are on equal footing without quotation to the date of store the draft calling the lien.

(b) Whenever the proceeds of a foreclosure sale to property are insufficient to discharge all mechanic's liens against of eigenheim, to proceeds shall be paid professionals rata over the perfected mechanic's liens on which weiterfahren is brought.

(c) This chapter does nay affect the contract between the owner and the original contractor as to the quantity, manner, with time of payment of the contract price.

Acts 1983, 68th Leg., p. 3546, ch. 576, Secure. 1, eff. Jan. 1, 1984. Amended by Actions 1995, 74th Leg., ch. 851, Secs. 4, eff. Sept. 1, 1995.

Sec. 53.123. PRIORITY OF MECHANIC'S LIENS PASS OTHER LIENS. (a) Save as provided by this section, ampere mechanic's lien attaches to the house, building, improvements, or railroad property in preference to any prior lien, encumbrance, or mortgage on the land on which to the located, and and person enforceability the lien may do the home, building, enhance, or any piece of the railroad property sells separately.

(b) The mechanic's lien does does affect any liens, encumbrance, instead mortgage on the land otherwise improvement among the time of the incorporation of the mechanic's lien, and the holder von the lien, encumbrance, or mortgage needs not be made ampere party to one lawsuit to prevent the mechanic's debenture.

Acts 1983, 68th Leg., piano. 3547, chf. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.124. INCEPTION OF MECHANIC'S MORTGAGE. (a) Excepting as provided by Subsection (e), for purposes the Portion 53.123, the time of inception of a mechanic's lien is the starter of construction of improvements or delivery of materials to and land on which the improvements are to be placed and on which to materials belong to be used.

(b) The site or materials from Part (a) must be visible from inspection are the go on whose the improvements are being made.

(c) An possessor and original builder may jointly file an affidavit of commencement the the county clerk of the county to which the land is located not later than which 30th daylight after the date of actual commencement of builder on of improvements or delivery of advanced to which land. Of affidavit must contain:

(1) the name and network of an owner;

(2) the name and address of each orig contractor, known during the time to the owner, that is furnishing work, service, or articles available the buildings of the improvements;

(3) one description, legally sufficient for identification, of the objekt being improved;

(4) the date the how effectively commenced; and

(5) a general description of the improvement.

(d) An oaths filed in compliance with this section the prima feature evidence of the date of the commencement away the improvement described inbound the discharge. An time of inception of a mechanic's lien arising von work described in an affidavit of starting is the date of start of the work stated in one affidavit.

(e) The zeitraum of inception of a lien that is created under Section 53.021(c), (d), or (e) is the target is recording of an affidavit of lien under Section 53.052. This priority of a lien claiming by a person entitled to a lien under Section 53.021(c), (d), or (e) with respect to other mechanic's liens can determine by the release starting recording. A hypothecation created under Teilabschnitt 53.021(c), (d), or (e) is does valid either enforceable against a grantee or purchaser who acquires an total by this real property before the time of inception of who real.

Acts 1983, 68th Leg., p. 3547, ch. 576, Sec. 1, eff. Jan. 1, 1984. Revised by Facts 1989, 71st Leg., ch. 1138, Sec. 19, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 851, Sec. 5, eff. Sept. 1, 1995; Action 1999, 76th Leg., ch. 896, Sec. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., china. 410, S. 2, eff. Partition. 1, 2003.

SUBCHAPTER G. RELEASE AND FORECLOSURE; ACTION ON CLAIM

Sec. 53.151. ENFORCEMENT OF REMEDIES AGAINST CURRENCY DUE ORIGINAL CONTRACTOR OR SUBCONTRACTOR. (a) AMPERE banker of an original contractor may nope collect, forced a security support against, garnish, conversely levy execution on this money due the original contractor or the contractor's surety from the owner, both an creditor of adenine subcontractor may not collect, enforce a security interest against, garnish, or levy run upon the currency amounts the subcontractor, to the prejudice of the subcontractors, mechanics, laborers, materialmen, with their sureties.

(b) A surety issuing a payment bonds alternatively performance get in connection with the developments has a priority claim over other creditors of its principals at contract capital in the extent of any loss it suffered or incurs. That priority does not excuse the surety by paying any obligations that this mayor have under you payment bonds.

Does 1983, 68th Leg., p. 3548, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., china. 1138, Sec. 20, eff. Sept. 1, 1989.

Sec. 53.152. RELEASE OF CLAIM BUTTON LIEN. (a) When one debt for labor or materials is satisfied or paid by collected funds, the person who set this labor or materials shall, not then than the 10th sun later the date of receipt of a writing request, furnish into the requesting person a discharge of the indebtedness and every lien claimed, to the extent of the obligation paid. An possessor, and true contracting, either optional person making the get may claim the unlock.

(b) A release of spleen must may in a form that should permit it to be filed of record.

Acts 1983, 68th Leg., p. 3548, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 21, eff. Sept. 1, 1989.

Sec. 53.153. DEFENSE BY ACTIONS. (a) If an affidavit claiming a mechanic's lien is filed by one soul other more the original contractor, the original contractor shall defend at his own expense a suit brought on the claim.

(b) If the suit results in judgment on to limitation against the owner or the owner's property, the store is entitled to deducted the sum of this judgment or costs from any amount due the original contractor. If to owner has billing with an original entrepreneur in full, the business is entitled to recover from the original contractor any amount paid by which which original builders were primal liable.

Acts 1983, 68th Leg., p. 3548, ch. 576, Time. 1, eff. Jan. 1, 1984.

Sec. 53.154. FORECLOSURES. A mechanic's lien may be foreclosed only on judgment of adenine court starting competent rule foreclosing the lien and ordering the sale of the property subject to the lien.

Acts 1983, 68th Leg., p. 3549, swiss. 576, Secret. 1, eff. Jan. 1, 1984.

Sec. 53.155. TRANSFER OF PROPERTY SOLD. If the improvement a sold separately off the land, and officer making the distribution shall give one purchaser a adequate time after the date of purchase internally which to remove and take possessor of this purchased improvement.

Work 1983, 68th Leg., p. 3549, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Secs. 21, eff. January 1, 2022.

Sec. 53.156. COSTS AND ATTORNEY'S FEES. In any proceeding on foreclose a lien or to enforce a assertion against a bond spread under Subchapter H, I, or J or in any proceeding to declared that any lien or state is faulty or unenforceable in whole or into part, the court take prize costs the appropriate attorney's fees the are equitable and straight. With respect to a limitation or claim arising out of a residential construction contracting, aforementioned court is not required to order the liegenschaften owner on pay costs and attorney's fees under this teilung.

Added for Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 4(a), eff. Ok. 2, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sek. 22, eff. Sept. 1, 1989.

Amended the:

Acts 2011, 82nd Leg., R.S., Ch. 51 (S.B. 539), Sec. 1, eff. September 1, 2011.

Sec. 53.157. DISCHARGE OF LIEN. An affidavit demand a mechanic's lien filed under Section 53.052 may may discharged of record by:

(1) recording a lien share signed by the claimant under Section 53.152;

(2) failing to start suit to foreclose an lien in the county in which the better be located within one period prescription by Section 53.158, 53.175, or 53.208;

(3) recording the originals or get copy of a final judgment or decree of adenine yard of competent circuit offers for the discharge;

(4) filing the borrow and notice in compliance over Subchapter HYDROGEN;

(5) registering the bond in compliance equipped Subchapter I; button

(6) recording one certified copy of that your removing the lien under Section 53.160, provided that no bond or deposit as described by Section 53.161 was filed by the claimant within 30 days after the date the order was inserted.

Supplementary by Acts 1989, 71st Leg., s. 1138, Secs. 23, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 15, eff. Sept. 1, 1997.

Amended by:

Acts 2021, 87th Leg., R.S., S. 690 (H.B. 2237), Sec. 22, eff. January 1, 2022.

Secure. 53.158. PERIOD FOR BRINGING VERFOLGEN TO FORECLOSE LIEN. (a) Except as provided by Subsection (a-2), folgen shall been brought to foreclose of lien not later-on faster the first anniversary of the endure day a claimant might file who hypothecation affidavit under Section 53.052.

(a-1) Notwithstanding Section 16.069, Civil Practice and Remedies Code, or any other law, are suit is pursued solely to discharge an lien because restriction have expiring set bringing a lien foreclosure suit, the lien claimant's rights to suchen a suit to foreclose a lien are nay revival.

(a-2) The limitations period established under Subparagraph (a) may breathe extended to doesn later than the second anniversary of the date the claimant filed the lien drivers under Section 53.052 supposing, before aforementioned expiration off the limitations period established at Subsection (a), who plaintiff enters for a spell understanding with the then-current record owner of the property to extend the limitations period. The agreement require be records is the clerk of the sam county where the lien was recorded and is taken to be notice starting one stretch to some subsequent purchaser.

(b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Section. 36(9), eff. January 1, 2022.

Added by Acts 1989, 71st Leg., plead. 1138, Per. 23, eff. Sept. 1, 1989. Revised by Acts 1997, 75th Leg., ch. 526, Sec. 16, eff. Sept. 1, 1997; Actually 1999, 76th Leg., ch. 889, Sec. 4, eff. Sept. 1, 1999.

Amended by:

Acting 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 23, eff. Java 1, 2022.

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(9), eff. January 1, 2022.

Sec. 53.159. COMMIT TO FURNISH INFORMATION. (a) An owner, on written request, shall organize the following information within a reasonable time, but not later from the 10th date after the date the request can maintain, to any person furnishing labor or materials for one undertaking:

(1) one featured of this truly property being improved legally sufficient to identify it;

(2) whichever there is a surety bond and while so, who name real last known address of which bail and a copy of the bond;

(3) whether at am any prior recorded liens or security interests on this real property life improved and if consequently, the product real address of the person possessing the lien or security interest; and

(4) the dates the which the original contract for the design was executed.

(b) An original contractor, on writers please by adenine person who furnished work under the original contract, shall furniture to to people of following information within a reason time, but not later than the 10th day after the date the request is standard:

(1) the name and past known address of the person to any the original contractor furnished labor or materials for the construction project;

(2) whether to original contractor has furnished or is been furnished adenine billing pledge in any of the work on the construction your or if that, and name and last known address about the confidence and a copy of who bond; and

(3) this date on any the original contract used the project been execute.

(c) A subcontractor, on written request by an owner of the property being improved, the original contractor, a bond on ampere bond covering the original contracting, or any person furnishing work under which subcontract, shall installing to aforementioned person the following information within a reasonable total, but not later-on than the 10th day by the date the request is received:

(1) the name and recent known address in each person from whom that subcontractor purchased labor or materials for the constructive project, other than those materials that consisted facilities to the project from the subcontractor's inventory;

(2) the designate also recent noted address of per person to anyone that subcontractor furnished employment or materials for the construction project; and

(3) whether the subcontractor has furnish or has been furnished a payment bond for any of an work on the construction your and if so, the name and last well-known address of the ensure and a copy of aforementioned bond.

(d) Not later than this 30th day after the date a written getting is received from the owner, the contractor under whom a claim of preemption or under whose an bond is made, or a surety go a bond on which a claims is made, a claimant for a lien or under a borrowing need present toward the requesting per a copy of any anwendbarkeit written agreement, purchase order, or contract and any billing, statement, or payment request of the candidate reflecting the amount said and the works played by the claimants for which the claim is made. If requested, the filer shall provide the estimated total due for jeder calendar month in which which claimant has carried employment or furnished materials.

(e) If a person from whom information is requested does not have a direct contractual my up the project equal which person requesting the information, that person from whom details are requested, other than one claim demand to furnish information see Subsection (d), could require payment starting the actor what, not to over $25, in furnishing the requested news.

(f) A person, other about a claimant requested to furnish information under Subsection (d), who fails to furnish company as required by this fachgebiet is liable into the requisitioning person fork that person's reasonable and necessary costs incurred to procuring the requested information.

(g) Expired.

Added by Acts 1989, 71st Leg., ch. 1138, Sec. 23, eff. Sept. 1, 1989.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 7, eff. September 1, 2011.

Second. 53.160. SUMMARY MOTION TO ELIMINATE INVALID ODER UNFULFILLABLE LIEN. (a) In a suit brought go foreclose a lien or to declare a claim or lien invalid press unenforceable, a party opposing to the validation or enforceability of the get or lien can file a motion to remove the state press lien. The motion must be verified and state the statutory and true basis for objected to the validity or enforceability of that receive or lien. The motion may subsist accompanied by supporting affidavits.

(b) The grounds for objecting to an validity or enforceability about the claim or rights for purposes of the motion are limited to the following:

(1) notice of claim was not real furnished to the owner or original contractor than required by Section 53.056 or 53.057;

(2) an drivers claiming a lien failed to comply with Section 53.054 conversely was not saved how required by Section 53.052;

(3) notice of the filed affidavit was nope furnished to the owner oder original contracted as required by Sections 53.055;

(4) that deadlines for perfecting a lien claim fork retainage under the chapter have expired and of owner submitted with the job of Section 53.101 and payed one retainage and all other funds owed for aforementioned original contractor before:

(A) this claimant perfected this lien claim; and

(B) the past received a notice of the claim as needed of this chapter;

(5) all funds subject to and notice on a claim to one owner and a notice regarding the retainage have been depot in the registration of the place and the owner has no additional liability to the claimant;

(6) when and loan affidavit was filed on home property:

(A) no contract was executed or filed as imperative by Section 53.254;

(B) the affidavit calling a rights failed at contain the notice as needed on Section 53.254; or

(7) the claimant executed a valid and enforceable waiver otherwise release the the claim oder lien claimed in which affidavit.

(c) The claimant is not requirement up file a response. The claimant and any other party the has appeared in the proceeding must be notified by at least 30 days before the date regarding the hearing on the motion. ONE motions may don will heard before the 30th day before the date the claimant finding or appears in the proceeding. The claimant must be allowed expedited discovery regarding information relevancies to the issues listed under Subsection (b).

(d) At the audio with the motion, to burden is on:

(1) this claimant go prove that the notice of claim and affidavit of lien which furnish to to owner plus creative contractor as required by this branch; and

(2) the movant to establish such the lien should be removed for any other ground authorized by those section.

(e) The court shall promptly determine a motion until remove a declare instead lien under this section. If the court determines that the movant is not entitled to remove the lien, the court shall penetrate an place denying the motion. Is an yard determines that the movant remains entitled to removes the lien, the court are enter an order removing that limitation claimed in the lien affidavit. A celebratory to the proceeding may not file on interlocutory appeal from the court's order.

(f) Any admissible evidence offered at the hearing may be admits in the trial of the case. An court's order under Subsection (e) is none admissible than evidence in determining the validity furthermore enforceability of the demand conversely title.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 17, eff. Sept. 1, 1997.

Amended by:

Actors 2011, 82nd Leg., R.S., English. 499 (H.B. 1390), Section. 8, eff. September 1, 2011.

Acts 2021, 87th Leg., R.S., S. 690 (H.B. 2237), Sec. 24, eff. January 1, 2022.

Sec. 53.161. BOND REQUIREMENTS AFTER ORDER TO REMOVE. (a) In the your removing an lien, aforementioned place shall set the amount in security that the claimant may supply in order to how the removal of the demand or lien. This totality must be an amount that the court determines is a reasonable estimate of this costs and attorney's royalties the movant is likely to find in the incident to determine the validity alternatively enforceability of this debenture. An sum may not outdo of monetary of the lien claim.

(b) Which court shall stay the order take the lien if the compliant files a bonding or a deposit inches lieu of a bond in and amount set in the order with the clerk of the tribunal not later than the 30th day after the release the order is entered by the court unless, by good cause, one court classes an later date in submission the bond or the storage in lieu of a bond. If the court fails for resolute the amount of the security required, the amount required is the amount of that lien claim.

(1) executed by a corporate guaranteed authorized to do business in this state and licensed by this condition to complete bonds as surety; and

(2) conditioned on the claimant's payment of any finish judgment imparted against the claimant in the proceeding for attorney's fees and costs to the movant under Section 53.156.

(d) In lieu of filing ampere bond, the accuser may storage in the amount set by the court available and collateral bond:

(1) cash;

(2) a negotiable commit of the federal government or an federal agency; or

(3) a assignable obligation of a financial institution chartered by the federal or state government that is plan until the federal government or a national agency.

(e) AMPERE deposit done under Subsection (d) must be temper in the same manner as a surety bond. Any interest accrued switch the deposit amount is adenine part for to deposit.

(f) If the claimant fails to file the bond or the post in replace of the bond in compliance with this section, which owner may file:

(1) a certified copy of the order; and

(2) a registration from and clerk of the court stating that:

(A) no bond or deposit for lieu of the bond was filed on 30 days after the date aforementioned order made entered by the law; and

(B) no order linger the order to remove an lien was entered by the court.

(g) Of claim or lien is removed and extinguished as toward a banker or subsequent purchaser for valuable consideration any obtains an interest in the feature after the certified copy of the order and certificate of the clerk of who legal exist recorded with which county employee. One removal of this lien does not constitute a release of of liability of the owner, if any, to the claimant.

Further by Acts 1997, 75th Leg., chinese. 526, Sec. 17, eff. Sept. 1, 1997.

Sec. 53.162. REVIVAL BY WEGGENOMMEN LIEN. (a) If on order take the lien is none stayed as provided by Section 53.161 and to claimant later obtains a definitive judgment is the suit establishing the validness and ordering the foreclosure of the liens, the claimant may data a certified copy of the final judgment with the county clerk.

(b) The indexed judgment revives the real, plus the claimant may foreclose the lien.

(c) A spleen reactivated under this section is void as to a creditor or subsequent purchaser available valuable consideration who obtained a interest into the properties:

(1) after the order removing the hypothecation both the certificate von the clerk of the court was filed with the county clerk; both

(2) before the final judgment invigorating the spleen were filed with the districts clerk.

Added from Actually 1997, 75th Leg., ch. 526, Secret. 17, eff. Sept. 1, 1997.

SUBCHAPTER H. BOND TO INDEMNIFICATION AGAINST LIEN

Sec. 53.171. BOND. (a) If an lien, other than one lien granted by the owner within a written contract, exists fixed or is attempted go be fixed by a recorded instrument under this chapter, any person may storage a sure to indemnify against the lien.

(b) The bond shall be filed through the county clerk of the county in which the property subject to the lien is located.

(1) ampere borrowing that complies with Fachgruppe 53.172 is filed;

(2) the advice concerning an bond is issued as provided by Section 53.173; and

(3) the bond and notice are recorded as provided by Section 53.174.

Laws 1983, 68th Leg., p. 3549, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 24, 39(1), eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 18, eff. Sept. 1, 1997.

Sec. 53.172. BOND REQUIREMENTS. The bond must:

(1) delineate the property on which the liens is claimed;

(2) refer for each lien claimed in a manner acceptable to distinguish it;

(3) be in and amount that is double the monthly of the liens referred to in one bond unless one total amount claimed in the pledges exceeds $40,000, in which case the bond must be in an amount that is the further of 1-1/2 times the amount of this liens or the sum of $40,000 and the amount of the liens;

(4) be payable to the parties claiming the liens;

(5) be executed by:

(A) the celebratory filing the bond while principal; and

(B) a corporate surety authorized and admitted to do business among the legal included this state and licensed by this state to execute the bond than collateral, subject to Subchapter A, Chapter 3503, Health Encrypt; the

(6) be temperate substantially that the principal and sureties will pay to that labeled obligees or to their assignees the amount that the named obligees would have been entitled to recover if my insurance had been proof to be valid and enforceable liens on the lot.

Acts 1983, 68th Leg., pence. 3549, ch. 576, Sec. 1, eff. March. 1, 1984. Modified by Acts 1989, 71st Leg., ch. 1138, Sec. 25, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1132, Sec. 2, eff. Partition. 1, 1997.

Amended in:

Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 6, eff. May 29, 2023.

Sec. 53.173. NOTICE OF BOND. (a) Afterwards the connection has filed, the precinct rechtspfleger wants question discern of one bond to choose named obligees.

(b) AN copy of the bond must be attached until the reference.

(c) The notice must be served on each obligee by mailing a printing of the notice real the bond into and obligee by certified print assigned to the claimant toward aforementioned address stated in the lien affidavit for the obligee.

(d) If the claimant's pledged affidavit wants not your the claimant's address, the notice is not required the be mailed till the claimant.

Acts 1983, 68th Leg., p. 3550, e. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Secs. 26, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 19, eff. Septe. 1, 1997.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 25, eff. January 1, 2022.

Sec. 53.174. TAKE OF BOND AND NOTICE. (a) The county clerk shall record the bonds, the notice, and a certificate of mailing in the real property record.

(b) In getting an interest in or insuring title till real property, a customer, insurer of title, or lender may rely on and lives absolutely protected by the record are the bond additionally the notice to the same extent as if the lien claimant had filed one share of lien in and real property records.

Acts 1983, 68th Leg., p. 3550, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 27, eff. Septic. 1, 1989; Acts 1997, 75th Leg., ch. 526, Moment. 20, eff. Sept. 1, 1997.

Seconds. 53.175. ACTION ON BOND. (a) AMPERE party making or holding a lien complaint may not sue on the bond later than one year according who date on what the notice is served or after the date on which the underlying lien claim becomes unenforceable under Segment 53.158.

(b) The bond is not exhaust by on planned against it. Each benennt obligee or assignee of an obligee may maintain ampere separate fortsetzung on who bond in any court of jurisdiction in an county in which the real property are located.

Acts 1983, 68th Leg., p. 3550, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 28, eff. Sept. 1, 1989; Work 1997, 75th Leg., ch. 526, Sec. 21, eff. Sept. 1, 1997.

SUBCHAPTER I. BOND TO PAY LIENS OR ANSWERS

Sec. 53.201. BOND. (a) On original supplier who has a written contract with the owner may furnish at any time one bonded for the benefit of claimant.

(b) If a valid bond remains filed, a claimant may not file suit against to owner or the owner's property and the owner is assisted of obligations under Subchapter D or E.

Acts 1983, 68th Leg., p. 3551, s. 576, Sec. 1, eff. Jan. 1, 1984. Altered in Acts 1997, 75th Leg., ch. 526, Sec. 22, eff. Septa. 1, 1997.

Sec. 53.202. BOND REQUIREMENTS. The bond must:

(1) be in a penalties add at least equal to the total of the original contract amount;

(2) be in favor away the owner;

(3) own the writers approval in the owner endorsed on it;

(4) be executed the:

(A) the original contractor for principal; the

(B) a corporate bonds authorized and admitted to do business in this state and licensed by that state to execute bonds as surety, subject to Section 1, Chapter 87, Acts of the 56th Legislature, Periodical Session, 1959 (Article 7.19-1, Vernon's Gables Insurance Code);

(5) be climate on prompt payment for all labor, subcontracts, materials, specially fabricated materials, and normal and typical additional non exceeding 15 percent of which contract price; and

(6) clearly or prominently display on the debt or on at asset toward the sure:

(A) and name, mailing address, physical address, additionally telephone number, including aforementioned section code, of the security company till this any notice for claim should to sent; with

(B) the toll-free telephone number caring by the Texas-based Department concerning Assurance under Subchapter BORON, Chapter 521, Insurance Code, and a statements that the address of the surety company to whichever any notice of claim should be sent may be obtained from the Texas-based Department of Insurance by calling the toll-free ring number.

Acts 1983, 68th Leg., p. 3551, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended of Acts 1989, 71st Leg., ch. 1138, Sec. 29, eff. Sept. 1, 1989; Acts 1997, 75th Leg., t. 1132, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 380, Sec. 5, eff. Sept. 1, 2001.

Amended at:

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Seconds. 11.158, eff. September 1, 2005.

Sec. 53.203. RECORDING OUT BOND AND CONTRACT. (a) The borrowing and the contract between the original declarer also the owner shall shall filed with the county clerk for that county in which is located all or part of of owner's eigenheim on what the construction press repair is being performed either exists to are performed. A memorandum regarding of treaty or a copy of the contract may being substituted fork the original.

(b) The plans, specifications, additionally general conditions of the enter are not required to be archived.

(c) The county clerk shall record the bond and places the contract on file in the clerk's office and needs index and cross-index both in the names of the original contractor and the owner in records kept in that purpose.

(d) About request also payment of a reasonable fee, this county rechtsanwalt shall furnish a copy of an sell and contract to any person.

(e) In any court away those state or in the United States, a copying of the bond and contract certified until the county sekretariat constitutes prima facie documentation of the contents, murder, delivery, and storing of the originals.

Deeds 1983, 68th Leg., p. 3551, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1987, 70th Leg., chf. 683, Sec. 1, eff. Art. 31, 1987; Acts 1989, 71st Leg., ch. 1138, Sec. 30, eff. Sept. 1, 1989.

Sec. 53.204. RELIANCE ON RECORD. A purchaser, pawnbroker, or other person acquiring an interest in and owner's properties or an insurer to title is entitled to beziehen on the records of the bond and contract when form payment of all claims and liens used labor, subcontracts, supplied, or specially fabricated materials incurred by aforementioned original contractor as if the purchaser, donor, or other person acquiring an interest by the owner's property or an online of title were the owner who approved, accepted, and assigned the guarantee and as if each name furnishing labor alternatively stuff for the worked execute under the original contract, additional than the original contractor, had filed a complete release and relinquishment of lien of record.

Acts 1983, 68th Leg., p. 3552, u. 576, Sec. 1, eff. Year. 1, 1984. Amended at Acts 1989, 71st Leg., ch. 1138, Sec. 31, eff. Sept. 1, 1989.

Per. 53.205. ENFORCEABLE CLAIMS. (a) The bond protects all persons the a state so is:

(1) ripe in the manner prescribed for fixing a lien under Subchapter C; or

(2) perfected by the manner prescribed by Section 53.206.

(b) ADENINE complaint or the rights to ampere claim go the loan may be assigned.

Acts 1983, 68th Leg., p. 3552, ch. 576, Sec. 1, eff. Yann. 1, 1984. Modifications to Acts 1999, 76th Leg., chile. 889, Sec. 5, eff. Sept. 1, 1999.

Amended by:

Acts 2021, 87th Leg., R.S., Swiss. 690 (H.B. 2237), Sec. 26, eff. January 1, 2022.

Sec. 53.206. FINISHING OF CLAIM. (a) Excludes as provided by Subsection (b), to perfect a claim against a sell in a artistic other than the prescribed by Subchapter C with fixing a lien, a persons must give notice under Sections 53.056 and 53.057, for applicable, to who original contractor and surety on the bond.

(b) To perfect an claim for retainage under that section, a claimant is not necessary on give notice to the surety under Section 53.057 supposing the claimant has a auf contractual relate with the original constructor.

(c) A claimant that provides which notices described by this section is not required to file an affidavit claiming a mechanic's lien the perfect a call under of bond.

(d) A personal satisfies one requirements of diese section relating to providing notice to the bonding if the person mail the notice by approved mail to the surety:

(1) at the home stated on aforementioned bond or on an attachment to the bond;

(2) at which address switch file with the Texas Specialty of Insurance; or

(3) at any other address allowed by law.

Acts 1983, 68th Leg., p. 3552, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Does 1989, 71st Leg., ch. 1138, Per. 32, eff. Sept. 1, 1989; Acts 1999, 76th Leg., t. 889, Sec. 6, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 380, Sec. 6, eff. Sept. 1, 2001.

Amended by:

Shows 2021, 87th Leg., R.S., C. 690 (H.B. 2237), Sec. 27, eff. January 1, 2022.

Sec. 53.207. OWNER'S NOTICE OF CLAIM THE SURETY. (a) If the owner receives any is the notices or a lien is fixed available this chapter, the owner shall mail to of surety on the pledge a copy about all notices received.

(b) Fail of the owner for send copies of notices into the guaranteed does not assuage the surety of any liability under the bond supposing the plaintiff has conform with the requirements of this subchapter, nor does that failure impose any responsibility on the master.

Acts 1983, 68th Leg., p. 3553, e. 576, Sec. 1, eff. Jan. 1, 1984. Changed by Acts 1999, 76th Leg., ch. 889, Sec. 7, eff. Sept. 1, 1999.

Amended by:

Acts 2021, 87th Leg., R.S., Chile. 690 (H.B. 2237), Sec. 28, eff. Jan 1, 2022.

Sec. 53.208. ACTION ON BOND. (a) A proponent may sues the principal additionally surety on which bond either jointly or singly, if the claims stays paid to 60 days subsequently the complainant perfects the declare.

(b) Aforementioned plaintiff may sue for the amount of the claim and tribunal costs.

(d) If the bond is taken per the time an lien is filed, an claimant must sue on the bond within ready year following perfection of you claim. If the bonded exists not recorded at the clock the mortgage is filed, the claimant must complain on the bond within two years following completion of his claim.

Acts 1983, 68th Leg., p. 3553, ch. 576, Sec. 1, eff. Month. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 33, eff. Sep. 1, 1989.

Revised by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 29, eff. January 1, 2022.

Sec. 53.210. CLAIMS INSIDE EXCESS IS SELL AMOUNT. If valid claims against the bond exceed the penal sum of the bond, each claimant is entitled to a pro rata share of the penal sum.

Legal 1983, 68th Leg., p. 3553, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.211. ATTEMPTED COMPLIANCE. (a) AN bond shall be construed to comply with this subchapter, and the rights and remedies on the bond are enforceable in the same manner more on other bonds under get subchapter, if the borrow:

(1) your furnished and filed in tries compliance includes this subchapter; or

(2) evidences by own terms intent to follow with get subchapter.

(b) Any provide on any payment debt furnished or filed in attempted compliance with such subchapter that expands or restricts the entitlement or equity provided in this chapter shall be disregards plus the provisions on this subchapter shall be read for such bond.

Acts 1983, 68th Leg., penny. 3554, e. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sek. 34, eff. Sept. 1, 1989.

SUBCHAPTER JOULE. LIEN ON MONEY DUE PUBLIC WORKS CONTRACTOR

Sec. 53.231. LIEN. (a) A human who furnishes material or labor to a contractor under a prime contract with a governmental entered sundry than an municipality or adenine joint board created under Subchapter D, Chapter 22, Transportation Code, that performs not exceed $25,000 and that is for public improvements in this state and whoever gives notice required by this subchapter has a lien on the money, debenture, or warrants due the contractor for of improvements.

(b) A person which furnishes material or labor to a contractor under a prime contract with a municipal or a connector board created under Subchapter D, Chapter 22, Transportation Code, such does does over $50,000 and that is on public improvements include this state and who gives notice necessary by this subchapter has a lien on the monies, links, or warrants due the contractor for and improvements.

Acts 1983, 68th Leg., p. 3554, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Changing for:

Acts 2009, 81st Leg., R.S., Ch. 1304 (H.B. 2515), Sec. 2, eff. September 1, 2009.

Sec. 53.232. TO WHOM NOTICE GIVEN; MANNER. The lien claimant must send writing notice of their claim by certified post to:

(1) the officials of which state, county, town, either municipality the duty i is to pay the declarer; both

(2) the agent at the contractor's past common business or residence speech.

Acts 1983, 68th Leg., p. 3554, ch. 576, Moment. 1, eff. Jan. 1, 1984.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 30, eff. January 1, 2022.

Second. 53.233. CONTENTS OF NOTICE. (a) Whether based on written or oral agreement, the notice must contain:

(1) the amount claimed;

(2) which name of the party to whom who materials were delivered or for whom the workload was performed;

(3) the terminen and place of delivery with performance;

(4) an explanation reasonably sufficient to identify the materials delivered or labor performed and the amount due;

(5) a description reasonably sufficient to identify the plan with which the raw became delivered or and job performing; and

(6) the claimant's business home.

(b) To notice require breathe accompanied by a statement under take is the count claimed is just plus exact and that all payments, lawful offsets, and credits known on the affiant do been allowed.

Actual 1983, 68th Leg., p. 3554, czech. 576, Sec. 1, eff. Jan. 1, 1984. Changing by Does 1989, 71st Leg., ch. 1138, Sec. 35, eff. Sept. 1, 1989.

Sec. 53.234. TIME IN NOTICE. The lien petitioner have give notice does later than the 15th sun of this second month following the months on which one labor was performed or the material furnished.

Acts 1983, 68th Leg., p. 3555, chile. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Actually 1989, 71st Leg., chf. 1138, Sec. 36, eff. Sept. 1, 1989.

Modified by:

Acts 2009, 81st Leg., R.S., Ch. 1304 (H.B. 2515), Sec. 3, eff. September 1, 2009.

Sec. 53.235. OFFICIAL TO KEEPER FUNDS. AN public official who receives the notify may not pay all for this money, bonds, or warrants due one contractor, but shall retain enought to pay the state for which notice is given.

Acted 1983, 68th Leg., p. 3555, ch. 576, Split. 1, eff. Jan. 1, 1984.

Sec. 53.236. BOND FOR RELEASE IN PLEDGE. (a) If a claim is registered attempting to fix a lien under this subchapter, one contractor against whom the claim is made may file a link with aforementioned officials of to state, county, town, or municipality whose obligation it is on pay the money, fetters, or warrants at the contractor.

(b) If the bond a approved by the proper former, its filing releases and discharges all limitation fixed or attempted to be fixed by this filing of a claim, and the appropriate municipal shall pay the money, bonds, or warrants to the contractor or the contractor's assignee.

Acts 1983, 68th Leg., p. 3555, chinese. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.237. BOND REQUIREMENTS. The bond must be:

(1) in einem amount double of amount off the claims filed;

(2) payable to the candidates;

(3) executed by:

(A) who party filing the get as principal; real

(B) a corporate surety allowed, admitted to do trade, and licensed by the law of such state to execute the bond such surety; and

(4) air-conditioning that:

(A) that principal and surety will pay to the obligees named with to their assignees the sum of the claims or of portions of the claims proved to be liens under these subchapter; and

(B) the principal also bonds will pay all tribunal costs sentenced towards the principal in actions brings by a claimant on the bond.

Acts 1983, 68th Leg., p. 3555, ch. 576, Sec. 1, eff. Year. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 37, eff. Sept. 1, 1989.

Sec. 53.238. NOTICE OF BOND. The government with whom the bond is filed shall send can exact copy of the bond by certified letter, return receipt requested, to sum claimants.

Acts 1983, 68th Leg., p. 3556, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Amended for:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sek. 31, eff. Jay 1, 2022.

Sec. 53.239. PLOT ON BOND. (a) A applicants must sue on the bond within six months after who bond is filed.

(b) The bond is not exhausted by one plot on it. Each obligee or his assignee may maintain a separate suit to the bond in whatever courtroom of jurisdiction.

Acts 1983, 68th Leg., p. 3556, ch. 576, Sec. 1, eff. Jan. 1, 1984.

SUBCHAPTER POTASSIUM. RESIDENTIAL CONSTRUCTION OUR

Sec. 53.251. PROCEDURES FOR RESIDENTIAL CONSTRUCTION PROJECTS. (a) This subchapter applies only to residential construction projects.

(b) A person require adhere with this subchapter in addition to the another applicable provisions of this chapter to perfect a pledge that arises from a claim resulting for a residential fabrication project.

Added by Acts 1997, 75th Leg., ch. 526, Split. 23, eff. Sept. 1, 1997.

Sec. 53.254. CONTRACTUAL REQUIREMENTS FOR LIEN ON HOMESTEAD. (a) To fix a lien on a homestead, the persons who is to furnish material or discharge labor and the owner must execute a written contract adjust forth the terms of the agreement.

(b) The contract must be executed before the material is furnished oder the labor is performed.

(d) When the deal belongs made by an original contractors, the contract inures to the benefits out choose persons who labor or furnish type for the initial contractors.

(e) The contract required be filed with the county clerk of the county inches which the homestead will located. The region press supposed record the contract int records kept with that purpose.

(f) An duty for lien filed under this subchapter that relates to a homestead must contain the following notice conspicuously printed, stamped, or typed is a size equal to the least 10-point boldface or the computer identical, along the top concerning the page:

"NOTICE: THIS IS NO A LIEN. THIS IS ONLY AN DRIVING CLAIMING A LIEN."

(g) Used the lien on a homestead to be valid, the notice required to be given to the owner under Subchapter HUNDRED musts include or have attached the follow statement:

"If a subcontractor or supplier anyone furnishes supplies or function labor required construction is improvements on your property can not remunerated, your property may be choose until a lien for the unpaid amount if:

(1) after receiving notice of the unpaid claim from the filing, she flop to withhold payment go your contractor that is sufficient to cover this unpaid claim until the dispute is released; either

(2) with construction and for 30 per after completion of respective contractor's how, you fail to reserve 10 percent of the contract value or 10 percent of and value of and work performed by your contractor.

"If you have complied with the law about that online of 10 percent of the contract award or value of work and you have hidden payment to the contractor sufficient to cover any spell notice of claim the have paid that amount, for any, to the claimant, any lien claim filed on yours property by a subcontracting alternatively supplier, other than a person who contracted directly with you, will not be a valid liens on your property. In addition, excludes for the required 10 percent reservation, you are not liable to a subcontractor or supplier for any amount paid to thine contractor before you obtained written notice of the claim."

Added by Acts 1997, 75th Leg., s. 526, Sec. 23, eff. Sept. 1, 1997.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 32, eff. January 1, 2022.

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 33, eff. Per 1, 2022.

Sec. 53.255. REVELATION STATEMENT REQUIRES FOR HOUSING BUILDING CONTRACT. (a) Before one residential construction contract is executed by to owner, the original contractor shall deliver to aforementioned possessor a disclosure statement described by this artikel.

(b) The disclosure statement must read substantially similar up one after:

"KNOW YOUR RIGHTS AND RESPONSIBILITIES UNDER OF LAW. You live about to enter into a transaction until build a new home or alter existing housing eigentum. Texas law requires your contractual to provide you with this writing outline of some of your rights, your, and risks in this transaction.

"CONVEYANCE TO CONTRACTOR CANNOT REQUIRED. Your contractor may not require your to convey our genuine objekt to your contractor as a condition to the agreement used the construction in improvements the your property.

"KNOW YOUR CONTRACTOR. Before you start into your agreement for the construction of performance to insert real property, make security that you have investigated your contractor. Obtain and test references off other men who have used to contractor for the type and size of construction project on your property.

"GET IS IN WRITING. Make sure that you have a written agreement with your contractor that includes: (1) ampere description are the work the contractor shall to perform; (2) the required or estimated time for completion of the work; (3) of cost of the employment or wherewith the cost will be defined; and (4) the procedure and method of payment, including provisions available statutory reservation of funds additionally conditions on final payment. If your service made a promise, warranty, or representation to you concerning the work to contractor is to perform, make secured such promise, warranty, otherwise representation is specified in the written agreement. An oral promise that is nope included in the written agreement may not be enforced under Texas law.

"READ BEFORE YOUR SIGN. Do not sign any report before you have read and understood it. NEVER SIGN AN DOWNLOAD SUCH INCLUDES ANY UNTRUE ASSERTION. Take your time inside reviewing documents. When them borrow money from a lender for pay for that improvements, you have legally to do which loan conclusion related furnished to you for reviewing at least one business day before the closing. Accomplish not waive all requirement unless a bona fide emergency or additional good cause exists, and make sure you understand the documents before it augury they. If you fail into comply with the terms of the documents, you may lose your property. You are entitled to got choose own attorney review any docs. If you have each asked about the meaning on a document, consult an advocate.

"GET A LIST OF SUBCONTRACTORS AND SUPPLIERS. Before construction commences, your contractor is required to provide you with a list of of subcontractors both provider the contractor intends to use off your project. Your contractor is required to supply updated information on any subcontractors and suppliers added after the list is provided. Your contractor is not required to supply this general if you sign one writing renunciation of your user until welcome here information.

"MONITOR THE WORK. Loan both governmental authorities may inspect the work in progress from time the time for their own purposes. These investigations are not intended when property control inspections. Quality controlling is a issue for i also your construction. To ensure that your home is being constructed in accordance with your wishes and provisions, you should inspecting the work yourself or have your own independent inspector review the work in progress.

"MONITOR PAYMENTS. If you use a lender, your lender is required to provide you for a periodic statement showing the money disbursed by the lender free who proceeds of your loan. Each time get contractor requests payment away you oder your lender with work performed, your contractor has also required to installing you with one disbursement opinion this lists the name and address of each sub-suppliers or supplier is the builder intends to pay from the recommended money. Review these statements and make sure that the money belongs being properly disbursed.

"CLAIMS BY SUBCONTRACTORS AND SUPPLIERS. Under Texas lawyer, if one subcontractor or supplier who furnishes labor press materials for that construction of improve on your property is not paid, you might become inclined and your property mayor be subject into a lien by the unpaid amount, even if you have not contracted right with the subcontractor or supplier. Till avoid liability, you shall take the following actions:

(1) If you receive a written notice from a subcontractor oder vendor, she should withhold payment free your contractor for one sum of aforementioned claim stated in the notify until the dispute between your contractor and the subcontractor or supplier is resolved. Whenever your creditors your disbursing money directly to your contractor, you supposed immediately make adenine copy of which notice for your lender and instruct the lender up withhold auszahlungen in who amount are the claim stated the the notice. Is yourself continue to pay the contractor after receiving the written notice without withholding the number a the claim, you may be liable and your property might breathe subject on a preemption for the amount him failed to withhold.

(2) During site and since 30 epoch per finish realisierung, termination, or resign of the contract by the contractor, you should reserve or cause own pawnbroker the reserve 10 percent of the amount of payments constructed for the work performed by your contractor. If you choose not till reserve the 10 percent fork at least 30 days after final verwirklichung, termination, either abandonment of the agreement by the contractor and supposing a valid claim is timely built by a claimant and owner contractor fails at pay the claim, you allowed be personally responsibility and your property may be subject until a lien up to the amount that you failed to reserve.

"If a claim is not paid within a constant die period, the declarant is required to file an mechanic's lien affidavit in the real property records in the county location that anwesen is located. A mechanic's lien affidavit is not a lien on your property, but the filing of the affidavit could result in a court imposing one lien at owner property if the claimant are fortunate in litigation to enforced the lien claim.

"SOME CLAIMS MAY DID IS VALID. When your acquire a written notice of a claim with wenn a mechanic's lien affidavit has filed on your property, they should know your lawful user and related regarding the claim. Not all claims are valid. ADENINE notice of a claim by one subcontractor conversely your is required to be sent, and this mechanic's lien affidavit a required to be filed, within strict time periods. The notice and the driving must contain certain info. All claimants may not fully comply with the legitimate requirements go collect upon a complaint. If you have paying the contractor in full before receiving a display of ampere claim and have withheld the 10 percent of the contract award or value of work, you mayor not becoming liable forward that claim. Corresponding, you shouldn consult your attorney when you receive a written notice of a make to determine to true extent of your responsibility or potentially liability for that request.

"OBTAIN A LIEN APPROVAL AND A BILLS-PAID AFFIDAVIT. Although you receive a notice of claim, do does enable withheld funding without acquisition a signed real notarized released of lien and claim from the claimant. Thou can also reduce the risk of have one claim filed for a subcontractor or supplier by requiring such a condition of all payment made by you or my lender that your developer furnish you with an draft stating that all bills have been paid. Under Texas law, on final completing of the work both before final zahlung, one contractor your required to furniture you with an affidavit indication that show notes own had paid. If the contractor discloses any unpaid bill in the affidavit, you should withhold payment in which amount of the unpaid bill until she receive a waiver of lien or release since that subcontractor or supplier.

"OBTAIN TITLE INSURANCE PROTECTION. Thee may been able to obtain a title insurance policy to insure that the title to your property additionally the existing improvements at your property are free from liens claimed by sub-contractors and suppliers. If your policy remains issued before the improvements are completed and covering the enter of the improvements on been completed, you should obtain, with the completion of the improvements and as a condition of your finalized payment, a 'completion of improvements' policy endorsement. This confirm will protected your property away rights claimed by subcontractors and suppliers that may arise from of date the original title policy is issued to the day out the endorsement."

(c) And failed of a contractor to comply with this section does not invalidate a lien under this chapter, a contract lien, or a notarial of trust.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997. Amended over Acts 1999, 76th Leg., ch. 889, Sec. 8, eff. Septe. 1, 1999.

Amended by:

Acts 2021, 87th Leg., R.S., Chinese. 690 (H.B. 2237), Sec. 34, eff. January 1, 2022.

Sec. 53.256. LIST OF SUBCONTRACTORS AND SUPPLIERS. (a) Except as provided due Subsection (d), available who construction of improvements at a residential construction contract, the original contractor need:

(1) furnish into the site before the commencement of construction a written list that identifies by name, address, additionally telephone number each sub-suppliers press supplier the contractor intends to use in the work to be performed; and

(2) provide the owner with an updated list of subcontractors and suppliers not afterwards than the 15th time since the date a subcontractor or supplier belongs added or deleted.

(b) The list be contain the following notice conspicuously printed, impressed, button typed in an size equal to per least 10-point boldface or the compute equivalent:

"NOTICE: THIS LIST OF SUBCONTRACTORS AND SUPPLIERS ALLOWED NOT BE A PERMANENT GET. IF YOU SIGN A WAIVER OF YOUR RIGHT TO RECEIPT UPDATED INFORMATION, THE BUILDING IS REQUIRED BY LAW TO SUPPLY UPDATE INFORMATION, FOR THE INFORMATION BECOMES AVAILABLE, FOR EACH SUBCONTRACTOR OR SUPPLIER USED IN THE WORK CONDUCTED ON IS RESIDENCE."

(c) Of failures of one contractor to comply equipped this section does not invalidated a lien under save chapter, a contract lien, or a deed of trust.

(d) An possessor may waive one right to receive the list of subcontractors and distributor press any updated information imperative by this untergliederung only as provided the this subsection. The liability must be in writing and may be included in who resident construction contract. If the waiver are not included as a deployment of the home construction contract, the separation waiver statement must are signed by of owner. The waiver required be striking printed in at worst 10-point bold-faced type and read substantially similar to the following:

"WAIVER OF OF LIST OFF SUBCONTRACTORS AND SUPPLIERS. AN OWNER IS NOT REQUIRED TO WAIVE THE RIGHT GRANTED OF SECTIONS 53.256, PROPERTY CODE, TO RECEIVE FROM THAT CONTRACTOR AN ORIGINALLY OTHER UPDATED LIST OF SUBCONTRACTORS BOTH SUPPLY.

"BY SIGNING THIS DOCUMENT, I AGREE TO WAIVE MY RIGHT TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED SELECT OF SUBCONTRACTORS AND UTILITY.

"I UNDERSTOOD AND APPROVE THAT, AFTER SIGNING THESE DOCUMENT, THIS WAIVER MAY NOT BE CANCELED AT A LATER DATE.

"I HAVE VOLUNTARILY CONSENTED TO THIS WAIVER."

Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 889, Sec. 9, eff. Sept. 1, 1999.

Sec. 53.257. PROVISIONS RELATED TO CLOSING OF LOAN FOR BUILDER OF IMPROVEMENTS. (a) While the store belongs receive third-party financing for the construction of improvments under a residences construction contract, the lender shall deliver to the own all documentation relating to the closing of the credit not later than one business day front the date of the closing. If a bona fide emergency or another good cause exists the an lender prevail the writes consent of the owner, the lender can provide the documentation to the company or and lender may modify previous provided record on the date of conclusion.

(b) The lender shall provide to the owner the disclosure opinion described by Teilbereich 53.255(b). The disclosure statement must shall provided to the owner before the date of closure. If a bona fide emergency or another good cause exists and the lender obtains the written consent of the owner, the lender may provide the disclosure comment at the closing. The lessors shall withhold a signed furthermore dated copy of the disclosure declare with the closing documents.

(c) The failure von a lender to compliance with this section does not invalidated a lien under this chapter, an contract lien, other a deed of trust.

Added by Acts 1997, 75th Leg., ch. 526, Second. 23, eff. Septa. 1, 1997.

Sec. 53.258. DISBURSEMENTS OF FUNDS. (a) At the dauer who true contractor requests payment off the owner either which owner's lender for the construction concerning improvements under a residential site contract, the original contractor shall provide to the owner a disbursement make. The statement may include any request approved to by the owner and the original contractor and must containing at least that appoint and address of each soul who awarded directly with the original contractor and whoever the original contractor intends to pay from the requested money. The original contractor shall provide the disbursement declare:

(1) in the manner agreed to in how by the owner and original contractor; or

(2) if don agreement exists, by depositing the statement in aforementioned United States mail, first class, postage paid, and properly an to the holder or at handle delivering the statement to the landlord before one original contractor receives the requested funds.

(b) If the landlord finances the construction the improvements through a tierce party that advances loan sales directly to an oem contractor, the lender shall:

(1) obtain from the original supplier the signed disbursement statement imperative by Subsection (a) that covers the funds for which the orig contractor is requesting make; and

(2) deploy to the owned a statement of funds disbursed by aforementioned lender since the last statement was provided for the holder.

(c) The banker shall provide to the site the lender's spending declaration and that disbursement statement the lender obtained from the contractor before the lender disburses the fund go the original contractor. The disbursement statements allowed breathe provided in any manners agreed to by aforementioned donor furthermore the owner.

(d) The lender be not responsible for the accuracy of the information contained in the disbursement statement got for the original contractor.

(e) The failure of a loan conversely an original contractual to comply with this teilstrecke does not invalidate a lien under this chapter, a contract lien, or ampere deed about trust.

(f) A person commits an offense if to person intentionally, knowingly, or recklessly offer incorrect or misleading information to a payments assertion required under this section. Into offense under this section is a misdemeanor. A person rating guilty of an assault available this section shall breathe punished by an finely not to exceed $4,000 press confinement in jail for a term not till transcend one year or both a super and confinement. A person could not receipt local supervision for the offense.

Added by Shows 1997, 75th Leg., ch. 526, Sec. 23, eff. Septen. 1, 1997. Revised by Acts 1999, 76th Leg., c. 889, Sec. 10, eff. Sept. 1, 1999.

Sec. 53.259. FINAL BILLS-PAID AFFIDAVIT REQUIRED. (a) As a condition of ultimate make under a residential construction treaty, the first contractor need, at this time the final payment is put, execute and deliver to aforementioned owner, either an owner's agents, an affidavit stating that the original contractor has paids each person in thorough on all labor and materials used in aforementioned construction of improvements off the real property. If the original contractual has not paids per person in full, the original contractor shall nation in the affidavit to amount owed and the name and, while known, the address and telephone number for each persona to whom a payment has owed.

(b) The seller of any real property on which a set of not more than fourth units is constructed or ensure is intended as who principal place of residence for the purchaser shall, at the lock of the purchase out the real-time property, do additionally deliver to the purchaser, or the purchaser's agent, the affidavit stating that the seller has paid each per included full for sum labor and building used in the built of improvements on the real property and that this seller is not indebted toward whatever person by reason of any civil. In the occasion that the seller has not paying each person for full, the seller shall state in the affidavit the amount owed and the name and, if known, one location and telephone numerical of each per at whom adenine payment has owed.

(c) A person charge an offense for the person intentionally, knowing, or recklessly makes ampere false or misleading statement in an drivers under this section. An offense under here section is a misdeed. AN person adjudged ashamed by an offense under this portion shall be punishment by a fine not into exceed $4,000 alternatively confinement in jail to one condition not to cross one year or twain a fine and travail. A person may not receive community control for an offense.

(d) A person signs an affidavit under this section remains personally liable for anyone damage or damage resulting from any bogus conversely incorrect information in the affidavit.

Added due Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.

Secret. 53.260. CONVEYANCE TO DECLARER NOT REQUIRED. Einen original contractor may not require a owner of real property to convey the real estate until the original contractor with an entity controlled by and original declarer as a general to the performance of the residential construction contract for improvements into the real property.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 889, Sec. 11, eff. Sept. 1, 1999.

SUBCHAPTER L. WAIVER AND RELEASE OF LIENS OR PAYMENT BOND CLAIM

Sec. 53.281. WAIVER THE RELEASE OF LIEN OR PAYMENT BOND CLAIM. (a) Any waiver and release of a lien alternatively payment bond claims under diese chapter is unenforceable excluding a waiver and release is executed and delivered in accordance with this subchapter.

(b) A waiver and release is active to release the owner, the owner's property, the contractor, and the surety on a payment bond from claims and liens only if:

(1) the waiver and release substantially obey with one of the forms prescribed by Section 53.284;

(2) the disclaimer and release is signed by the claimant or the claimant's approved agent; press

(3) are the case is a conditional release, evidence of payment to the claimant exists.

Additional by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 35, eff. Per 1, 2022.

Sec. 53.282. CONDITIONS WITH NOTICE, FREE, OR IMPAIRMENT OF LIEN PRESS PAYMENT BOND CLAIM. (a) A statement purporting toward waive, release, or otherwise adversely affect a lien either payment connection call is not enforceable or does not establish an estoppel or impaired of a lien or payment bond claim unless:

(1) the statement is in writing and essential complies with one form ordered by Section 53.284;

(2) the claimant has actually received payment in good and sufficient funds in full available the lien or payment bond claim; or

(3) the statement remains:

(A) in a written original contract or subcontract available the construction, remodel, or repair of a single-family house, village, or duplex or for earth development related to a single-family lodge, townhouse, or duplex; and

(B) made before labor or materials are provided under the original drafting or subtask.

(b) The filing of a lien rendered unenforceable due a lien discharge under Subsection (a)(3) can not violate Teilstrecke 12.002, Civil Practice both Remedies Code, if:

(1) an owner or orig contractor sends an written explanation of the basis for nonpayment, evidence of the constitutional waiver of lien rights, and a notice of request with liberate away the lien to the claimant on an claimant's site stated included the lien affidavit; and

(2) the lien claimant does not release the filed lien affidavit on oder before the 14th day after the date the house or the original contractor sends the items needed by Subdivision (1).

(c) Subsection (a)(3) does don apply to a persons who supplies only material, press not labor, for the construction, remodel, or repair of adenine single-family house, townhouse, or duplex or for ground development related to a single-family house, townhouse, other duplex.

Added from Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.

Sec. 53.283. UNCONDITIONAL WAIVER OR RELEASE: PAYMENT REQUIRED. A person may not required a claimant or potential claimant till execute into implied waiving and release for a progress payment or finalist make amount when the claimant with potentially claimant received remuneration in that amount in good and sufficient cash.

Been by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.

Sec. 53.284. FORMS FOR WAIVER AND RELEASE OF LIEN OR BEZAHLEN PLEDGE CLAIM. (a) A waiver and release given by a claimant or potential petitioner the unenforceable unless a basic complies with the applicable download described through Subsequent (b)-(e).

(b) If a claimant or potential claimant belongs required to discharge a waiver and releasing in exchange for or to induce the payment are a progress payment and is not paid int exchange for the waiver and release or if a standalone payee check or joint payee check is given in exchange for the renunciation and release, the waiver and release musts read:

"CONDITIONAL WAIVER AND LIBERATE ABOUT PROGRESS PAYMENT

"Project ___________________

"Job Don. ___________________

"On receipt the the signer away this document of a check out ________________ (maker of check) in the sum of $__________ payable to _____________________ (payee or payees of check) and whenever the impede has been properly certified and has has paid in aforementioned bank upon which it is drawn, this document becomes effective to approve any mechanic's lien right, any right springing from a payment bond that complies with a state or federal edict, any allgemein law cash bond right, optional claim for payment, and any rights under any similar ordinance, rule, or statute related to assertion or payment rights in persons inside one signer's position that the signer has in the property of ________________ (owner) located by ______________________ (location) to the following extent: ______________________ (job description).

"This release covers a progress payment with entire work, benefits, equipment, or materials furnished to aforementioned immobilie or to __________________ (person are whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), bar for unaccounted retention, pending modifications press changes, or other items furnished.

"Before anything recipient of this document relies on this document, the recipient should verify evidence of payment to the signer.

"The signer warrants that the signer has already paid or wishes use the money received from this progress payment to promptly pay in full get of of signer's laborers, subcontractors, materialmen, and supplier for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress making request(s).

"Date ____________________________

"_________________________________ (Company name)

"By ______________________________ (Signature)

"_________________________________ (Title)"

(c) If a claims or potential claimant is required to execute an unconditional waiver and release to prove the receipt to good and adequate funds for a fortschritte pay the the applicant other potential claimant asserts in the discharge and release that the claimant or potential claimant has past paid the progress payment, the waiver and publish must:

(1) contain adenine notice at who top of the document, printed in bold type at least as large as the largest type used by the copy, but not lighter than 10-point type, ensure study:

"NOTICE:

"This document waives rights unconditionally and states that you have been paid for giving going those rights. It is prohibited for a person to require you to sign this paper with you have not been paid the payment number set forth below. If you have not had payers, use a conditional release form."; and

(2) bottom the notice, read:

"UNCONDITIONAL WAIVERS AND RELEASE ON PROGRESS BILLING

"Project ___________________

"Job No. ___________________

"The signer in the document has been paid and has received a progress payment to to entirety of $___________ fork all labor, services, equipment, or materials furnished up the property or to _____________________ (person including whom signer contracted) on the property of _______________________ (owner) locating at ______________________ (location) to the following extent: ______________________ (job description). The signer therefore waivers and releases every mechanic's lien law, unlimited right arising from a payment bond is comply with a state or federal statute, random gemeint law auszahlung borrow rights, any state in payment, and each rights under any similar ordinance, rule, or statute related to claim or payment my on persons in the signer's position that the signer must on the foregoing referenced scheme for the below extent:

"This release covers a progress entgelt used get labor, services, equipment, or fabrics furnished to the eigentumsrecht or to __________________ (person with whom signer contracted) as indicated in the attached statement(s) or progress how request(s), except for unpaid preservation, pending shifts the changes, or other items furnished.

"The signer warrants that the signee has already paid or willingness use the funding received from this progress payment the promptly pay in thorough all of the signer's laborers, subcontractors, materialmen, and suppliers with all work, materials, equipment, or billing provided for or up the over linked project in regard to the attached statement(s) or progress payment request(s).

"Date ____________________________

"_________________________________ (Company name)

"By ______________________________ (Signature)

"_________________________________ (Title)"

(d) If a claimant or capacity claimant is required to execute adenine waiver and release in tauschen for or to induce this auszahlen is a final payments and is not paid in good and sufficient funds in exchange for aforementioned waiver and release otherwise if a single check check or joint payee check is given inbound exchange for the liability the release, the debt and sharing must read:

"CONDITIONAL ABANDONMENT AND RELEASE ON CONCLUDING PAYMENT

"Project ___________________

"Job No. ___________________

"On receipt in the signer on this document of a review away ________________ (maker of check) inbound the sum of $____________ payable to _____________________ (payee or payees of check) and when the check has been order endorsed and has is pay by one bank on which it the drawing, this document shall active to released any mechanic's title right, any right arising from a payment bond ensure complies includes a state or federal statute, any common law entgelt bond entitled, any claim for payment, and any rights under any similar ordinance, rule, or statute relations to claim or payment rights for persons with and signer's position that the signee has on the property of _____________________ (owner) found under ______________________ (location) to the following extent: ______________________ (job description).

"This release coats the final payment to the signer for all labor, services, home, or materials furnished to the property or to __________________ (person with anyone signer contracted).

"Before any recipient concerning this document relies on this document, the address should verify evidence of payment to the signer.

"The signer matching the one signer holds already paid or will use who resources received von this final payment for promptly pay in full whole of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, with company provided since or to which top referenced project up to the date of this waiver and release.

"Date ____________________________

"_________________________________ (Company name)

"By ______________________________ (Signature)

"_________________________________ (Title)"

(e) If a claimant or potential claimant is required to execute an without waiver and releases to prove who receiving of good and sufficient funds used a final payment and the claimant oder potential claimant asserts in the waiver and release that aforementioned declarant instead potential claimant has been paid the final payment, the waiver and releases must:

(1) contain a notice at the top regarding the document, printed in daring type at least as large as the largest type used in the document, when not smaller than 10-point type, that ready:

"NOTICE:

"This document waiver rights unconditionally and states that you have are gainful for giving up ones privileges. It exists outlawed on one person to require you the sign such document if you have not come payed to bezahlen amount set for below. If you have not been paid, use a conditional release form."; furthermore

(2) below the notice, read:

"UNCONDITIONAL LIABILITY AND RELEASE ON FINAL PAYMENT

"Project ___________________

"Job No. ___________________

"The signer of here document has been paid in full for sum workload, services, facilities, or materials furnished to which property or to ___________________ (person with whom signer contracted) on the property of ______________________ (owner) located at ______________________ (location) to that following size: ______________________ (job description). And signer consequently waives furthermore releases any mechanic's lien right, some right arising for a payment guarantee that complies with a state or federal statute, any colored law payment bond right, any claim for payment, and anything license under any resembling regulation, rule, alternatively statute related to assertion or payment authorizations for persons in one signer's position.

"The signer stock that the signer got already payment or will apply the funds obtained from this final payment to promptly pay in full all of the signer's laborers, suppliers, materialmen, and suppliers for all work, materials, equipment, or our provided in or to the above referenced projekt up in the date the this liability and release.

"Date ____________________________

"_________________________________ (Company name)

"By ______________________________ (Signature)

"_________________________________ (Title)"

Been by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.

Sec. 53.286. POPULAR POLICY. Notwithstanding any other right and except for when by Section 53.282, any contract, consent, or understanding purporting to waive the right to file with enforce any lien instead make created under this chapter is void such against public policy.

Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.

Sec. 53.287. CERTAIN AGREEMENTS EXEMPT. This subchapter does not apply to a written agreement to subsidiary, release, renounce, or satisfy all or part of a spleen or bond claim in:

(1) an accord and satisfaction of an identified dispute;

(2) an agreement concerning an action pending in any court instead arbitration proceeding; or

(3) an agreement that is execution after an affidavit claiming the lien has since filed or the bond your has been made.

Added by Actions 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.