Texas Business And Commerce Code Title 4, Chapter 56 - Agreement For Payment Of Construction Subcontractor

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 56.001 - Definitions
  In this chapter: (1) "Contingent payee" means a party to a contract with a contingent payment clause, other than an architect or engineer, whose receipt...
• Texas Section 56.002 - Inapplicability Of Chapter To Certain Contracts
  This chapter does not apply to a contract that is solely for: (1) design services; (2) the construction or maintenance of a road, highway, street,...
• Texas Section 56.003 - Effect Of Chapter On Timing Of Payment Provisions
  This chapter does not affect a provision that affects the timing of a payment in a contract for construction management or for the construction of...

SUBCHAPTER B CONTINGENT PAYMENT CLAUSE

• Texas Section 56.004 - Waiver Of Chapter Prohibited
  A person may not waive this chapter by contract or other means. A purported waiver of this chapter is void. Added by Acts 2009, 81st...
• Texas Section 56.051 - Enforcement Of Clause Prohibited To Extent Certain Contractual Obligations Not Met
  A contingent payor or its surety may not enforce a contingent payment clause to the extent that the obligor's nonpayment to the contingent payor is...
• Texas Section 56.052 - Enforcement Of Clause Prohibited Following Notice From Contingent Payee
  (a) Except as provided by Subsection (d), a contingent payor or its surety may not enforce a contingent payment clause as to work performed or...
• Texas Section 56.053 - Enforcement Of Clause Prohibited If Existence Of Sham Relationship
  A contingent payor or its surety may not enforce a contingent payment clause if the contingent payor is in a sham relationship with the obligor,...
• Texas Section 56.054 - Enforcement Of Clause Prohibited If Unconscionable
  (a) A contingent payor or its surety may not enforce a contingent payment clause if the enforcement would be unconscionable. The party asserting that a...
• Texas Section 56.055 - Use Of Clause To Invalidate Enforceability Or Perfection Of Mechanic's Lien Prohibited
  A contingent payment clause may not be used as a basis for invalidation of the enforceability or perfection of a mechanic's lien under Chapter 53,...
• Texas Section 56.056 - Assertion Of Clause As Affirmative Defense
  The assertion of a contingent payment clause is an affirmative defense to a civil action for payment under a contract. Added by Acts 2009, 81st...
• Texas Section 56.057 - Allocation Of Risk Permitted
  An obligor or a primary obligor may not prohibit a contingent payor from allocating risk by means of a contingent payment clause. Added by Acts...

Last modified: September 28, 2016