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How to find a bond

TexasPayment Bond

I am a subcontractor on a commercial project in Texas. I have requested a copy of the bond from the GC in writing. They have not given it to me. Is there another way to get a copy of the bond other than the GC?

2 replies

Jan 25, 2022

It is rare for there to be a payment bond on a private, commercial project. However, if such a bond exists, it will have been filed in the Property Records of the county in which the project is located. You can obtain a copy from the County Clerk.

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Jan 25, 2022

Under Texas Property Code section 53.203, the bond and the contract between original contractor and owner are required to be filed with the county clerk. A memorandum of the contract or a copy of the contract may be substituted for the original of the contract.

On payment of a reasonable fee, the county clerk is required to provide a copy of the bond and contract to any person.

You can review Section 53.203 at the following link:

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm

Theoretically, you can file a mechanic's lien which will attach to the payment bond.

You really should retain a construction attorney to review and evaluate your legal position based on the subcontract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that the subcontractor's lien was proper and appropriate.

Good luck.

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