We are sub-subs / subs in Texas (on both public and private jobs) and often wait up to a year to get paid on retainage. We file a notice of contractual retainage on time, but I'm wondering when we should file a lien or bond claim. Often times, our deadline to file a claim appears long before the job is finished and long before our customer has even billed for their retainage. What should we do in this situation?
Hello!
You should file a notice and file a lien for retainage within 30 days after completing and billing final walkthrough and punchlist items.
There is a lot of confusion in the industry and most GCs will try to wait until the end to pay out on retainage but, technically, your retainage is earned when your piece is completed and approved by the required parties.
E. Aaron Cartwright III
214-789-1354
Aaron@EACLawyer.com