Lovein Ribman Texas Construction Law

Texas Construction Attorneys

What is the deadline to serve a Notice of Claim (“Intent to Lien” or “Pre-Lien Notice”) for Contractual Retainage?

If you were hired by anyone other than the Property Owner and your contract allows the withholding of contractual retainage (typically 5% – 10%) from each progress payment, then in order to preserve your right to later enforce a lien against the Property and/or Property Owner to recover unpaid retainage, you must serve the Property Owner and the Original Contractor with Notice of the unpaid retainage bynot later than the earlier of: (1) the 30th day after the date the claimant’s contract is completed, terminated, or abandoned; or (2) the 30th day after the date the original contract is terminated or abandoned.