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notice requirements State Projects lien requirements State Projects
prime contractor State Projects Not Applicable. Prime contractors do not have any lien or bond claim rights on state projects. Not Applicable. Prime contractors do not have any lien or bond claim rights on state projects.
sub laborer State Projects A notice must be sent to the prime contractor and surety following delivery of any unpaid materials and/or labor to a project. If the party contracted with the prime contractor, notice is due by the 15th day of the 3rd month following every month unpaid materials and/or labor are furnished. If the party did not contract with the prime, a notice is required by the 15th day of the 2nd month following furnishing, in addition to the third month notice. Specialty Fabricated Materials requires an additional 2nd month notice calculated from the date work is accepted, and if the contract hold retainage, an additional 2nd month notice is due from the first delivery of materials. Lawsuit must be filed within one year from mailing of the third month notice. If claim is for retainage, a notice of claim on retainage is also due within 90 days from the final completion of the entire public work.
supplier other State Projects A notice must be sent to the prime contractor and surety following delivery of any unpaid materials and/or labor to a project. If the party contracted with the prime contractor, notice is due by the 15th day of the 3rd month following every month unpaid materials and/or labor are furnished. If the party did not contract with the prime, a notice is required by the 15th day of the 2nd month following furnishing, in addition to the third month notice. Specialty Fabricated Materials requires an additional 2nd month notice calculated from the date work is accepted, and if the contract hold retainage, an additional 2nd month notice is due from the first delivery of materials. Lawsuit must be filed within one year from mailing of the third month notice. If claim is for retainage, a notice of claim on retainage is also due within 90 days from the final completion of the entire public work.

Texas lien deadlines are very complex. We have a “deadline chart” to help people figure out when their second and/or third month notices are due. See: This Link

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