Texas Property Code - Section 53.107. Notice Relating To Termination Of Work Or Abandonment Of Performance By Original Contractor Or Owner
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Texas Laws > Property Code > Texas Property Code - Section 53.107. Notice Relating To Termination Of Work Or Abandonment Of Performance By Original Contractor Or Owner
Section: 53.085 53.101 53.102 53.103 53.104 53.105 53.106 53.107 53.121 53.122 53.123 53.124 53.151 53.152 53.153
§ 53.107. NOTICE RELATING TO TERMINATION OF WORK OR
ABANDONMENT OF PERFORMANCE BY ORIGINAL CONTRACTOR OR OWNER. (a)
Not later than the 10th day after the date an original contract is
terminated or the original contractor abandons performance under
the original contract, the owner shall give notice to each
subcontractor who, before the date of termination or abandonment,
(1) given notice to the owner as provided by Section
53.056, 53.057, or 53.058; or
(2) sent to the owner by certified or registered mail a
written request for notice of termination or abandonment.
(b) The notice must contain:
(1) the name and address of the owner;
(2) the name and address of the original contractor;
(3) a description, legally sufficient for
identification, of the real property on which the improvements are
(4) a general description of the improvements agreed
to be furnished under the original contract;
(5) a statement that the original contract has been
terminated or that performance under the contract has been
(6) the date of the termination or abandonment; and
(7) a conspicuous statement that a claimant may not
have a lien on the retained funds unless the claimant files an
affidavit claiming a lien not later than the 30th day after the date
of the termination or abandonment.
(c) A notice sent in compliance with this section on or
before the 10th day after the date of termination or abandonment is
prima facie evidence of the date the original contract was
terminated or work was abandoned for purposes of this subchapter.
(d) A subcontractor who fails to file a lien affidavit in
the time prescribed by Section 53.103(2) has a lien to the extent
authorized under this subchapter if:
(1) the subcontractor otherwise complies with this
(2) the owner did not provide the subcontractor notice
as required by this section.
(e) This section does not apply to a residential
Added by Acts 2005, 79th Leg., ch. 1003, § 2, eff. Sept. 1, 2005.
Last modified: August 11, 2007