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What is listed as the project address in a bond claim when the project involves multiple addresses

TexasBond ClaimsPreliminary Notice

Im a subcontractor on a state project. We were working directly with the prime contractor. The project is installing signal lights at 9 locations. At the project onset, there were no addresses assigned to the locations. Part of the work we haven’t been paid for was acquiring those addresses. What address should be listed on our notices regarding bond claims? Do we need to put “see attached” in the space provided & attach a list of all of the newly acquired addresses or is there a more appropriate way to deal with this issue? Also would like clarification/confirmation that a sub contracted with the prime on a Texas state project only needs to file a 3 month notice by the 15th of the 3rd month like it says on your website. An answer to my previous question said 2 month, but that conflicts with the info on your site as well as other info I’ve received. Thanks so much!

1 reply

Dec 18, 2018
These are good questions! I'll approach them in opposite order. On Texas public projects, in order to make a claim on the prime contractor's bond, all subcontractors who have not contracted directly with the prime contractor must first send the 2 month notice. Parties hired directly by the contractor who posted the bond need not send that contractor. This is supported by Sec. 2253.047 of the Texas Little Miller Act, which reads: "a payment bond beneficiary who does not have a direct contractual relationship with the prime contractor for public work labor or material must mail notice as required by this section." "notice as required by this section.", of course, refers to the 2 month notice. While that section does create a 2 month notice requirement for subcontractors hired by someone other than the prime contractor on the project, it creates no such requirement for those who have directly contracted with the prime. If a previous answer contradicted this rule - I apologize! I'll be happy to go back through and correct it. It's worth mentioning, though, that a Lien on Contract Funds (which operates independently of the rules on bond claims), does not require any preliminary notice - and the deadline to make a Lien on Contract funds is actually the same deadline as a 2 month notice, which can certainly create some confusion. Now, for the first question, including all addresses where work was performed is certainly the safest way to proceed. The more clearly and directly the properties where work was performed can be identified, the easier it will be to support the claim being made. Whether that be through listing all of the addresses on the text of the claim or by doing so through including "see attached addresses" and attaching the addresses on a separate page should have little effect considering Texas bond claims do not have a specific, statutory form. Rather, Texas mandates what information must appear - and claimants typically have a little discretion as to how that information will be presented.
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