Home>Levelset Community>Legal Help>How to make a claim and when for total due on a contract including retained

How to make a claim and when for total due on a contract including retained

We are a first tier subcontractor on a project which is bonded. We were last on the project August 26th. We want to file a claim for the total amount due to us including retained funds and it's not clear to me what needs to be filed and whether or not it must be filed within 30 days of the last day worked on site. Also, we do not know who the Surety is on the Prime Contractor's Payment Bond (presumed, since we had to put up performance and payment bonds ourselves).

1 reply

Sep 25, 2020

If this is a private project, the deadline to make a claim of lien for retainage amounts will be 30 days after the completion of the project. It shouldn't be based on their last furnishing since they're a subcontractor, their last furnishing typically won't be the date of the completion of the entire project. If this happens to be a private project with a payment bond present, the lien timelines should apply.If this is a public project (most bonded projects are), there shouldn't be any 30 day deadline for making a claim. Guides to TX bond claims: How to Make a Texas Payment Bond Claim; Texas Bond Claim Guide and FAQs.Finally, here's a Guide to TX Retainage. It breaks it down for public vs. private.

0 people found this helpful

Helpful