Lovein Ribman Texas Construction Law

Texas Construction Attorneys

What is the deadline to file a lawsuit to enforce a claim against a Private Payment Bond?

If you do not receive payment after asserting the Bond claim, then after the passage of 60 days you can file a Lawsuit against the Surety and Original Contractor to enforce payment under the Bond.  If the Bond was recorded as required, then you have one year from perfecting the claim (date the Notice was sent) to file the Lawsuit.  If the Bond was not recorded as required, then you have two years to file the Lawsuit.