Texas Payment Bond Claim Laws

Do I Need a Written Contract to Make a Payment Bond Claim?

No.

You are entitled to make a Claim against the Payment Bond if you provided labor, materials, services, and/or equipment to the Project under either a written or verbal contract.  However, if your contract is verbal, you are required to provide additional information through the Third Month Notice of Claim than you would if the contract was in writing.  Additionally, you are required to itemize your Claim and provide copies of all Documents, invoices, and/or purchase orders in support your Claim.

Inside Tip

Even if you performed under a written agreement, it is a better practice to follow the requirements for those who performed under a verbal contract in making the Payment Bond Claim.  By doing so, you ensure that the Surety has all of the necessary information to process the Claim at the outset.

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