Tex. Prop. Code Section 53.107
Notice Relating to Termination of Work or Abandonment of Performance by Original Contractor or Owner

(a)

Not later than the 10th day after the date an original contract is terminated or the original contractor abandons performance under the original contract, the owner shall give notice to each subcontractor who, before the date of termination or abandonment, has:

(1)

given notice to the owner as provided by Section 53.056 (Derivative Claimant: Notice to Owner and Original Contractor) or 53.057 (Derivative Claimant: Notice of Claim for Unpaid Retainage); or

(2)

sent to the owner a written request for notice of termination or abandonment.

(b)

The notice must contain:

(1)

the name and address of the owner;

(2)

the name and address of the original contractor;

(3)

a description, legally sufficient for identification, of the real property on which the improvements are located;

(4)

a general description of the improvements agreed to be furnished under the original contract;

(5)

a statement that the original contract has been terminated or that performance under the contract has been abandoned;

(6)

the date of the termination or abandonment; and

(7)

a conspicuous statement that a claimant may not have a lien on the retained funds unless the claimant files an affidavit claiming a lien in the time and manner required by this chapter.

(c)

A notice sent in compliance with this section on or before the 10th day after the date of termination or abandonment is prima facie evidence of the date the original contract was terminated or work was abandoned for purposes of this subchapter.

(d)

If an owner is required to send a notice to a subcontractor under this section and fails to send the notice, the subcontractor is not required to comply with Section 53.057 (Derivative Claimant: Notice of Claim for Unpaid Retainage) to claim retainage and may claim a lien by filing a lien affidavit as prescribed by Section 53.052 (Filing of Affidavit).

(e)

This section does not apply to a residential construction project.
Added by Acts 2005, 79th Leg., Ch. 1003 (H.B. 629), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 6, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 20, eff. January 1, 2022.

Source: Section 53.107 — Notice Relating to Termination of Work or Abandonment of Performance by Original Contractor or Owner, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­53.­htm#53.­107 (accessed Jun. 5, 2024).

53.001
Definitions 53.002
More than One Original Contractor 53.003
Notices 53.021
Persons Entitled to Lien 53.022
Property to Which Lien Extends 53.023
Payment Secured by Lien 53.024
Limitation on Subcontractor’s Lien 53.025
Limitation on Ordinary Retainage Lien 53.026
Sham Contract 53.051
Necessary Procedures 53.052
Filing of Affidavit 53.054
Contents of Affidavit 53.055
Notice of Filed Affidavit 53.056
Derivative Claimant: Notice to Owner and Original Contractor 53.057
Derivative Claimant: Notice of Claim for Unpaid Retainage 53.081
Authority to Withhold Funds for Benefit of Claimants 53.082
Time for Which Funds Are Withheld 53.084
Owner’s Liability 53.085
Affidavit Required 53.101
Funds Required to Be Reserved 53.102
Payment Secured by Reserved Funds 53.103
Lien on Reserved Funds 53.104
Preferences 53.105
Owner’s Liability for Failure to Reserve Funds 53.106
Affidavit of Completion 53.107
Notice Relating to Termination of Work or Abandonment of Performance by Original Contractor or Owner 53.121
Preference over Other Creditors 53.122
Equality of Mechanic’s Liens 53.123
Priority of Mechanic’s Lien over Other Liens 53.124
Inception of Mechanic’s Lien 53.151
Enforcement of Remedies Against Money Due Original Contractor or Subcontractor 53.152
Release of Claim or Lien 53.153
Defense of Actions 53.154
Foreclosure 53.155
Transfer of Property Sold 53.156
Costs and Attorney’s Fees 53.157
Discharge of Lien 53.158
Period for Bringing Suit to Foreclose Lien 53.159
Obligation to Furnish Information 53.160
Summary Motion to Remove Invalid or Unenforceable Lien 53.161
Bond Requirements After Order to Remove 53.162
Revival of Removed Lien 53.171
Bond 53.172
Bond Requirements 53.173
Notice of Bond 53.174
Recording of Bond and Notice 53.175
Action on Bond 53.201
Bond 53.202
Bond Requirements 53.203
Recording of Bond and Contract 53.204
Reliance on Record 53.205
Enforceable Claims 53.206
Perfection of Claim 53.207
Owner’s Notice of Claim to Surety 53.208
Action on Bond 53.210
Claims in Excess of Bond Amount 53.211
Attempted Compliance 53.231
Lien 53.232
To Whom Notice Given 53.233
Contents of Notice 53.234
Time for Notice 53.235
Official to Retain Funds 53.236
Bond for Release of Lien 53.237
Bond Requirements 53.238
Notice of Bond 53.239
Action on Bond 53.251
Procedures for Residential Construction Projects 53.254
Contractual Requirements for Lien on Homestead 53.255
Disclosure Statement Required for Residential Construction Contract 53.256
List of Subcontractors and Suppliers 53.257
Provisions Related to Closing of Loan for Construction of Improvements 53.258
Disbursements of Funds 53.259
Final Bills-paid Affidavit Required 53.260
Conveyance to Contractor Not Required 53.281
Waiver and Release of Lien or Payment Bond Claim 53.282
Conditions for Waiver, Release, or Impairment of Lien or Payment Bond Claim 53.283
Unconditional Waiver and Release: Payment Required 53.284
Forms for Waiver and Release of Lien or Payment Bond Claim 53.286
Public Policy 53.287
Certain Agreements Exempt
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 53.107’s source at texas​.gov