Through This Kit We Will Teach You How to Prepare and Serve a Public Payment Bond Claim Just Like a Construction Lawyer! Let’s Get Started!
All The Essential Documents & Much More
This Kit contains all of the Essential Documents that you will ever need to Prepare and Serve a Public Payment Bond Claim and much, much more, to include:
- A Request for Information to the Government Entity.
- A Request for Information to the General Contractor.
- Notice of Retainage Agreement.
- Second Month Notice of Claim.
- Second Month Notice of Claim Payment Demand Letter.
- Third Month Notice of Claim.
- Third Month Notice of Claim Payment Demand Letter.
- Notice of Claim for Retainage.
- Notice of Claim for Retainage Payment Demand Letter.
- Payment Demand Letter to the Debtor.
- The Public Payment Bond Claim Law Summary.
- Step-By-Step Instructions and Training from Construction Lawyers.
See Below for a Detailed Description of the Documents Contained in this Kit.
Quick & Easy To Prepare
Each Document has been created in Microsoft Word and is easily modified in either “Word for Windows” or “Word for Mac”. To complete a Document, you simply place your cursor over the bracketed yellow highlighted text and begin typing the requested Project information. As soon as you start typing, the yellow pre-existing text automatically disappears and is replaced with your Project information. You can also easily modify the tone of a Document, add new text, or remove pre-existing text by cutting, pasting, or typing in new text just like you would with any other Word Document. After becoming familiar with how to create a Document, Most Documents can be Prepared in 10 Minutes or Less.
Step-By-Step Instructions and Training
We make preparing, filing, and serving each Document quick and easy! In fact, we have already done almost everything for you. Through step-by-step Instructions created by Construction Lawyers, we walk you through each and every step of the process to include: (1) how to finalize the Document to make it specific to your Project, (2) when, where, and how to file the Document, and (3) when, how, and who to serve the Document on. It’s simple! Moreover, if you need assistance, our Construction Lawyers are here to help!
Click here to view sample Instructions for a fictitious state
Instant, Reusable & Guaranteed!
Downloading the Kit is easy! First, click the “Add to Cart” button to checkout. Second, upon completing the checkout process you will download the Kit directly to your computer. Third, open the Kit and click the “Begin Here” file to start preparing your first Lien Document. It’s really that simple! All of the Kit Documents are yours to keep and are designed to be reused over and over again on all future Projects. Plus, if the Lien laws change, we will provide you with a new updated Kit free of charge. If you are dissatisfied with the Kit, return it for a full refund, no questions asked.
DESCRIPTION OF KIT DOCUMENTS & TOOLS
Before you can make a Claim against the Payment Bond, you need to know the identity of the Surety who issued the Payment Bond and the specific Bond information. There is a formal procedure for obtaining this information from the Governmental Entity known as a “Request for Information.” Our Request for Information is drafted in the form of a professional notarized letter and contains all of the necessary information and instructions that you will need to compel the Governmental Entity to provide the requested information. This is the type of Notice can be routinely sent at the outset of any Project without disrupting your business relationship.
A less formal method for obtaining the identity of the Surety and the Bond information is to request it from the General Contractor through a written demand. Upon service of this Notice, the General Contractor has 10 days to provide the information, including a copy of the Bond, or potentially be liable for the costs incurred to obtain the information from an alternative source. This is a noncontroversial Notice that can be sent at any time during the course of the Project.
If you were not hired by the General Contractor and your contract allows for the withholding of contractual retainage from your progress payments, then you must notify the General Contractor of the retainage agreement by the 15th day of the second month from when you first provide your labor/materials to the Project. Timely serving this Notice is a prerequisite to making a Claim against the Payment Bond in the event the withheld retainage is not paid. This professionally drafted Notice contains all of the necessary language needed to satisfy this statutory requirement and includes an optional Request for Information to obtain the identity of the Surety and the Payment Bond.
If you were not hired by the General Contractor, then the first step to making a Claim against the Payment Bond for unpaid progress payments is to serve the General Contractor with Notice of your Claim. As with the other Notices contained in this Kit, we have included two versions of this Notice: a noncontroversial version to be sent when you are concerned about your business relationship and a second more forceful version drafted in the form of a strong Payment Demand Letter for those Projects where you are prepared to use all of your legal rights to enforce immediate payment. Both versions also contain a formal Request for Information to the General Contractor.
All Subcontractors, Material Suppliers, Architects, Engineers, and/or Laborers must serve the Third Month Notice of Claim to both the Surety and the General Contractor, along with a Sworn Statement of Account. As with all of the Notices contained in this Kit, we have included two versions of this Notice: one which simply satisfies all of the requirements to make a Claim against the Payment Bond and an alternative version drafted in the form of a strong Payment Demand Letter.
If contractual retainage has been withheld from your progress payments and has not been timely paid, then you must serve the Notice of Claim for Retainage to make a Claim against the Payment Bond. We have specifically drafted this version of the Notice in a noncontroversial tone so as not to interfere with your business relationship and at the same time in a way that satisfies all of the Payment Bond Claim requirements. If you require a more forceful Notice, see below.
This is the same mandatory Notice described above; however, you will want to consider sending this version on those Projects where you are no longer concerned about the business relationship and want to use all of your legal options to enforce payment. In addition to the statutory requirements, we have included a forceful Payment Demand and allegations that the Trust Fund Statute and the Prompt Payment Act have been violated, along with a threat that if payment is not made a Lawsuit will be filed against the Surety and the contractor to enforce payment under the Payment Bond. This is the type of Notice that commands immediate attention.
If you are owed both unpaid progress payments and unpaid withheld contractual retainage, then this is the Notice to use. We have combined the Third Month Notice of Claim with the Notice of Claim for Retainage into one Notice and provided two versions of the Notice in the Payment Bond Claim Kit: one noncontroversial Notice and the other written in the form of a strong Payment Demand Letter.
This is an optional Payment Demand Letter included in the Payment Bond Claim Kit to be used to demand payment from the contractor who hired you before, after, or instead of making a Payment Bond Claim. This is a very forceful Notice which educates the debtor of your legal rights and the steps that you intend to take if payment is not received by your stated deadline.
This Kit includes a copy of “The Payment Bond Claim Law Summary” which outlines the Payment Bond Claim Process, the Payment Bond Claim Laws, tricks, and secrets used to enforce payment on a Texas Public construction Project.
