Texas Two Month Notice Form

Hello!

So the rule is that retainage should be withheld. Oftentimes, retainage is not withheld. Don't worry, no one is in trouble. If the contractor is doing a good job, everything is fine.

If you want to be cautious, however, withhold $22K from the last draw request and let the contractor know that everything is fine but the last $22K will be paid upon completion of any final items (punchlist) or final walkthrough. They are used to seeing retainage and a good contractor will have no fear of their work not holding up. If you want, you can get a lien waiver signed by him stating that all subcontractors have been paid.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

Hello.

Why? Is the GC not doing something correctly? And no, there is no real penalty for the homeowner. The subs are going to have problems if they are not paid, though.

-Aaron

You should consider preparing a letter to mail by certified mail, return receipt requested, to the homeowner to set out the facts and to demand the relief that you want. Attach to the letter the contract, invoice, and photographs of the completed work. Make sure that your letter is professional and business like as it may be evidence later.  

If the customer does not respond or respond satisfactorily, you should consider filing suit in small claims court, using the letter as evidence.

Good luck.