Texas

Serve a Notice of Claim for Retainage

When it comes to preparing and serving Payment Bond Claim Documents, there are really only two options that you should consider: (1) you can retain a Construction Lawyer to do it for you; or (2) you can do it on your own with the proper instructions and artfully drafted “Payment Bond Claim Documents” (as opposed to “fill-in-the-blank forms”). We make doing either of these options easy! To learn more about the benefits of retaining Lovein | Ribman, P.C., a Texas Construction Law Firm, to prepare and serve your Payment Bond Claim Documents, read below. To learn more about the benefits of preparing Payment Bond Claim Documents on your own with the Lien Professor’s Payment Bond Claim Kit and Instructions, click here.

We Make Preparing and Serving Your Notice of Claim for Retainage Easy!

Here is how it works: for no charge we will analyze your legal matter or answer your Notice of Claim for Retainage related question. If you decide to retain us to prepare and serve your Notice of Claim for Retainage, we will gather all necessary information from you via email exchange, telephone, facsimile, or in-person. However, there is no need to come to our offices, unless you want to!

To initiate the process or to just inquire more about serving a Notice of Claim for Retainage, either submit the Inquiry Form below or call 888-368-2483 and ask for attorney Robert M. Lovein. It’s that simple!

To Learn More, Fill Out this Simple Form or Call 888-368-2483

Thank you for telling us about your payment dispute. Providing us with this information is the initial step to inquiring further about this service. At this point, we are required to inform you that an attorney-client relationship with Lovein | Ribman, P.C. is not created by submitting this Form or by any subsequent communications with the lawyers of Lovein | Ribman, P.C. in response to the submission. Before an attorney-client relationship can be formed with Lovein | Ribman, P.C., we will need to first perform a "client conflict check" and enter into a separate agreement with you to provide a specific service. Also, please understand that all of the information contained within this website is for general informational purposes only and is not legal advice or a substitute for legal advice. We look forward to talking to you!

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What is a Notice of Claim for Retainage?

If your contract allowed for the withholding of contractual retainage from your monthly progress payments and payment of the retainage has now become past due, then you must serve the Surety and the General Contractor with the Notice of Claim for Retainage to make a Claim against the Payment Bond.  For anyone not hired by the General Contractor, this will be the second of two Notices which must be served in order to perfect a Claim against the Payment Bond.  As a prerequisite to serving the Notice of Claim for Retainage, those not hired by the General Contractor are required to serve Notice of the Retainage Agreement by the 15th of the second month from when you first provided labor or materials to the Project.  At a minimum, the Notice of Claim for Retainage must include a formal Sworn Statement of Account containing the following information: (1) the name of the party for whom the work was performed or to whom the material was delivered; (2) the amount of the overall contract; (3) the amounts paid and the amounts withheld as retainage; and (4) the amount of retainage due.  When the Notice of Claim for Retainage is served as an enclosure to a strong Payment Demand Letter, it can be an excellent opportunity to resolve the dispute before having to take the next step of filing a Lawsuit.

The Construction Lawyers at Lovein | Ribman, P.C. can prepare your Notice of Claim for Retainage and serve it on the Surety, the General Contractor, the Public Entity, and the Subcontractor who hired you, as an enclosure to a strong Payment Demand Letter that can, depending upon your specific situation, include the following contentions: (1) notice that the contract has been breached by nonpayment; (2) that the Prompt Pay Act has or will be violated by the Public Entity, the General Contractor, and/or the contractor who hired you as a result of the nonpayment; (3) a calculation of the accrued interest and a demand for payment of the interest; (4) a presentment for future attorneys’ fees in the event a Lawsuit is filed; and (5) that if the debt is not paid, that you will file a Lawsuit to seek an award for the principal amount owed, accrued interest, attorneys’ fees, and costs.  We will also demand repayment of the fees and costs incurred to have us prepare and serve the Notice of Claim for Retainage. Learn more about the benefits of using a Construction Lawyer.

We are Texas Construction Lawyers!

Lovein | Ribman, P.C. is a boutique Texas Construction Law Firm. The attorneys at Lovein | Ribman, P.C. have successfully litigated construction disputes in nearly all of Texas’s District and County courts and also have extensive experience in alternative forms of dispute resolution such as arbitration and mediation. In recognition of their work, the firm’s lawyers have developed a reputation in the legal community for authority, competence, and expertise.

Lovein | Ribman, P.C. represents General Contractors, Subcontractors, Material Suppliers, Architects, Engineers, and Laborers throughout the entire state of Texas in both private and public Projects, to include preparation and service of all Mechanics Lien Documents, Mechanics Lien Foreclosure Actions, Payment Bond Claims, construction defects, construction contract disputes, Contract Review and Drafting, and other similar types of construction related matters. We have a comprehensive understanding of Texas construction law and how to enforce the construction laws enacted by this state. That is what we do! And we do it in every county throughout the entire state of Texas every day. If you have provided labor, materials, equipment, or professional services to a construction Project in Texas and have not been paid, we can help regardless of where your office is located. Learn more about the benefits of using a Construction Lawyer.

Serving Dallas, Fort Worth, Austin, San Antonio, Amarillo, Lubbock, Midland & El Paso