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Tex. Prop. Code § 28.006

NO WAIVER

Applied in 4 court decisions — leading case Mehrdad Moayedi v. Interstate 35/chisam Road, L.P. and Malachi Development Corporation (2014)

Most recently applied in Mehrdad Moayedi v. Interstate 35/chisam Road, L.P. and Malachi Development Corporation (June 2014)

Added by Acts 1993, 73rd Leg., ch. 479, Sec. 1, eff

How often courts cite this section

20022010201410
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Except as provided by Subsection (b), an attempted waiver of a provision of this chapter is void.

(b) A written contract between an owner and a contractor for improvements to or construction of a single-family residence may provide that the payment required under Section 28.002(a) be made not later than a date that occurs before the 61st day after the date the owner receives the payment request. Notwithstanding Section 28.004(b), an unpaid amount under contract subject to this subsection that allows payment later than the date otherwise required under Section 28.002(a) bears interest at the rate of 1-1/2 percent each month.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.