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Tex. Prop. Code § 53.056

DERIVATIVE CLAIMANT: NOTICE TO OWNER AND ORIGINAL CONTRACTOR

Applied in 20 court decisions — leading case Gill Sav. Ass'n v. International Supply Co. Inc. (1988)

Most recently applied in Donna T. Moore, David B. Moore and Provident Funding Associates, LP D/B/A Provident Home Loans v. Brenham Ready Mix, Inc. (March 2015)

Acts 1983, 68th Leg., p. 3540, ch. 576, Sec. 1, eff

How often courts cite this section

1986199020002010201540
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 Section 53.057, a claimant other than an original contractor must give the notice prescribed by Subsections (a-1) and (a-2) for the lien to be valid.

(a-1) For all unpaid labor or materials provided, the claimant must send a notice of claim for unpaid labor or materials to the owner or reputed owner and the original contractor. The notice must be sent:

(1) for projects other than residential construction projects, not later than the 15th day of the third month after the month during which:

(A) the labor or materials were provided; or

(B) the undelivered specially fabricated materials would normally have been delivered; or

(2) for residential construction projects, not later than the 15th day of the second month after the month during which:

(A) the labor or materials were provided; or

(B) the undelivered specially fabricated materials would normally have been delivered.

(a-2) The notice must be in substantially the following form:

"Date:_______________

"Project description and/or address: _______________

"Claimant's name: _______________

"Type of labor or materials provided: _______________

"Original contractor's name: _______________

"Party with whom claimant contracted if different from original contractor: _______________

"Claim amount: _______________

"_______________ (Claimant's contact person)

"_______________ (Claimant's address)"

(a-3) The notice may include an invoice or billing statement.

(a-4) A claimant may give to the original contractor a written notice of an unpaid labor or materials invoice that is past due. A notice under this subsection is not required for a lien to be valid.

(b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.

(c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.

(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.

(e) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.

(f) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(4), eff. January 1, 2022.

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