Bond or Lien Claim-Public Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Claim on Bond; And Statement of Account.

Scope: State of Texas, Public Works.

Time Constraints: You must have served (under most conditions) all preliminary notices or you cannot claim a lien. See the memos for Texas Preliminary Notice, Public Works, for more information.

By the 15th day of the third calendar month after the day on which the indebtedness accrues, file your Notice of Claim on Bond with the County Clerk of the county where the project is located.

By the 10th business day after the date the affidavit is filed, or the date the affidavit is required to be filed, whichever is earlier, send one copy of the affidavit by certified mail to the public entities, general contractors and sureties.

Retainage: This is a separate claim sent at the completion or termination of a contract for retainage money held. If an agreement for retainage exists, you must have given a retainage notice to the public entity and original contractor within 30 days of the completion or termination of your contact with the public entity or other contractor.  The deadline to file al lien for the retainage is between 40 days (if the notice of completion is filed by the public entity) and 4 months (if no notice of completion is filed by the public entity).  Make sure you leave time enough to file your lien claim after sending notices!  To complicate this right to claim, if the public entity has sent a notice to the potential claimant to file his claims, you must send the retainage notice and file your lien claim within 30 days of the public entity‚Äôs notice to you.

After the sending of the retainage notice you are free to file your lien affidavit for the retainage amount.  This is not the claim for any balance due amount, which must be filed separately.

Perfection: File suit after 60 days, but within one year, of the filing of your claim.

Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond.

In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (Do not pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Claim on Bond; And Statement of Account, Exhibit's A-D, if needed, and Recorder's Letter.

Procedures: Prepare your documents using the required information. Serve your Notice of Claim on Bond; and Statement of Account upon the public entities, general contractors and sureties (your customer is optional). At this point you are ready enforce all of your claims in one action.

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