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If work was last provided on 1/18/21 when is the deadline to file on a payment bond on a public works project?

TexasBond Claims

Bond stating cliam was filed too late

1 reply

Jul 1, 2021

The notice requirements vary depending on whether you were a subcontractor or a sub-subcontractor. While there are a number of requirements, just writing about deadlines:

Texas Government Code section 2253.041(b): The notice must be mailed on or before the 15th day of the third month after each month in which any of the claimed labor was performed or any of the claimed material was delivered.

For retainage: Sec. 2253.046. NOTICE REQUIRED FOR CLAIM FOR PAYMENT OF RETAINAGE. (a) To recover in a suit under Section 2253.073 on a payment bond for a claim for payment of retainage, a payment bond beneficiary whose contract with a prime contractor or subcontractor provides for retainage must mail written notice of the claim to the prime contractor and the surety on or before the 90th day after the date of final completion of the public work contract.

If you did not contract directly with the prime contractor, then you would have to provide notice by certified mail of non-payment by the15th day of the second month after each month in which labor was performed or materials were delivered.

The law is complicated, so retain a construction attorney to evaluate your legal situation and to provide advice.

Good luck.

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