This notice must be given to the owner or reputed owner and the original contractor within thirty days after the earlier of (1) the date the claimant’s contract is completed, terminated, or abandoned or (2) the date the original contract is terminated or abandoned. Tex. Prop. Code § 53.057(a–1).
Tex. Prop. Code § 53.003 states that a copy of the notice may be given in person to the party entitled to the notice or to that party’s agent, by certified mail, or by any other form of traceable, private delivery or mailing service that can confirm proof of receipt.
Notice of Claim for Unpaid Retainage
[For Use If Original Contract Entered Into on or after January 1, 2022]
[Date]
[Name and address of owner] [Permissible delivery method]
|
Include the following if the claimant’s contract is not with the original contractor. |
[Name and address of original contractor] [Permissible delivery method]
|
Continue with the following. |
Re: Notice of Contractual Retainage; [name] construction project located at [address] (“Project”)
[Salutation]
WARNING: This notice is provided to preserve lien rights. Owner’s property may be subject to a lien if sufficient funds are not withheld from future payments to the original contractor to cover this debt.
Date:
Project description and/or address:
Claimant’s name:
Type of labor or materials provided:
Original contractor’s name:
Party with whom claimant contracted if different from original contractor:
Claim amount: $[amount]
Total retainage unpaid: $[amount]
Claimant’s contact person:
Claimant’s address:
Please contact me immediately regarding this notice.
Sincerely yours,
[Name of attorney]