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Tex. Prop. Code § 53.084

OWNER'S LIABILITY

Applied in 13 court decisions — leading case Hadnot v. Wenco Distributors (1997)

Most recently applied in Monaco v. Monaco (In re Monaco) (August 2014)

Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff

How often courts cite this section

1988199020002010201420
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 for the amount the owner fails to reserve under Subchapter E, the owner is not liable for any amount paid to the original contractor before the owner is authorized to withhold funds under this subchapter.

(b) If the owner has received a notice required by Section 53.056 or 53.057, if the lien has been secured, and if the claim has been reduced to final judgment, the owner is liable and the owner's property is subject to a claim for any money paid to the original contractor after the owner was authorized to withhold funds under this subchapter. The owner is liable for that amount in addition to any amount for which the owner is liable under Subchapter E.

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