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see situation below

TexasBond Claims

In Texas, does the bond claim have to filed three months after the materials are delivered or three months after the work is done? I had a project where the material was delivered in June but the work was done in September.

1 reply

Jan 7, 2022

The legal analysis would start with a review of your contract and then extend to the facts and circumstances and the type of project (commercial or residentail) and then to the communications which have occurred.

If the original contractor posted a payment bond on a commercial project, claimants would have to mail by certified mail a sworn statement of account to the surety and the original contractor by the 15th day of the third month after the unpaid materials were delivered. I would also copy the owner on the letter under the theory that the squeaky wheel gets the grease.

If the project is residential, the mailing would be required by the 15th day of the second month after the month in which the unpaid materials were provided.

You may consider proceeding with the perfection of a mechanic's lien which could have a longer deadline.

You may have rights to assert a claim against the retainage being held for the project.

You should consider retaining a construction attorney to evaluate your legal situation and to provide advice.

Good luck.

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