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Tex. Prop. Code § 53.208

ACTION ON BOND

Applied in 2 court decisions — leading case Staff Industries, Inc. v. Hallmark Contracting, Inc. (1993)

Most recently applied in Fondren Construction Co. v. Briarcliff Housing Development Associates, Inc. (April 2006)

Acts 1983, 68th Leg., p. 3553, ch. 576, Sec. 1, eff

(a) A claimant may sue the principal and surety on the bond either jointly or severally, if the claim remains unpaid for 60 days after the claimant perfects the claim.

(b) The claimant may sue for the amount of the claim and court costs.

(c) The suit must be brought in the county in which the property being improved is located.

(d) If the bond is recorded at the time the lien is filed, the claimant must sue on the bond within one year following perfection of his claim. If the bond is not recorded at the time the lien is filed, the claimant must sue on the bond within two years following perfection of his claim.

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