You can file a Lawsuit against the Surety and the principal (typically the General Contractor) any time after the passage of 61 days from the date that you mailed notice of your Claim and up to one year from the date that you timely made the Claim. If the Lawsuit is not filed within the one year time period, it is forever waived. See Section 2253.073 of the Texas Property Code to learn more.
Before filing a Lawsuit to enforce Payment under the Payment Bond, consider sending one last strong Payment Demand Letter. If you have already served such a letter and did not receive the intended response, you may consider hiring a Construction Lawyer to send the letter for you. When a Payment Demand Letter comes from a Construction Lawyer, the debtor realizes that you now have the ability to file a Lawsuit and that you are serious about being paid. Click here to learn more about retaining Lovein | Ribman, P.C. to prepare and serve a Payment Demand Letter or the Payment Bond Notices.