As a contractor, it's important to send out early notice forms shortly after beginning work on a construction job. By putting all interested parties on notice, claimants can help protect their lien rights. One important early notice form is called a Notice of Contractual Retainage, as defined at Sec. 53.057 of the Texas Property Code.

Retainage means an amount representing part of a contract payment that is not required to be paid to the claimant within the month following the month in which labor is performed, material is furnished, or specially fabricated material is delivered. TEX. PROP. CODE 53.001(11). Simply put, it is a portion of the agreed upon contract price that is deliberately withheld until the work reaches substantial completion to assure that contractor or subcontractor will satisfy its obligations and complete a construction project. If the job is not up to par, the retainage amount is used to make any changes or fixes.

Give this notice to all other interested parties to make them aware that the person who hired you is withholding a retainage amount from you under your contract. Therefore, once provided with the notice, the other parties above you can withhold a matching retainage amount. If you are an original contractor on the job, the notice is not required since the owner already has such notice of any retainage agreement.

Use this form if you do not have a direct contract with the owner or the original contractor. Thus, you need to provide this notice to these parties to make them aware of the existing retainage agreement. The claimant must give the owner or reputed owner the notice of contractual retainage no later than the earlier of: (a) the 30th day after the date the claimant's agreement providing for retainage is completed, terminated, or abandoned; or (b) the 30th day after the date the original contract is terminated or abandoned. TEX. PROP. CODE 53.057(b).

The Notice of Contractual Retainage does not need to be notarized or recorded. Instead, deliver it to relevant parties via certified or registered US mail, with return receipt requested.

Each case is unique, and the Texas lien law is complicated. Contact an attorney for complex situations, with specific questions about sending a notice of contractual retainage, or any other issue about mechanic's liens.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— Lawrence R.

"Forms do not allow enough space for fields and cutoff. Need to expand the fields to allow for more w…"

— John W.

"The forms were easy to acquire and easy to use"

— Maureen M.

"Easy to use and download. Will use in the future, if ever needed."

— Wendy B.

"Really appreciate you he quick response and solution to my problem!! Thank you!!"

— Carole M.

"So far it seems easy and hopefully be acceptable to Hillsborough Co"

Common Uses for Notice of Contractual Retainage

Document partial payment received on a construction project
Document a change order that affects the scope of a project
Protect a supplier's right to payment for delivered materials
File a lien to prevent property sale until payment is received
Release a mechanic's lien after receiving full payment
Establish a legal claim against property for unpaid labor
Document consent of the property owner for improvements

Compare other Texas deed forms and documents

Warranty Deed Deed Without Warranty Gift Deed Without Warranty Gift Deed Special Warranty Special Warranty Deed Grant Deed Quitclaim Deed Correction Deed Transfer on Death Deed (Individual) Transfer on Death Deed (Joint Owners with Right of Survivorship) Transfer on Death Deed (Community Property with Right of Survivorship) Enhanced Life Estate Deed Revocation of Transfer on Death Deed (Individual) Revocation of Transfer on Death Deed (Joint Owners) Affidavit of Death (Transfer on Death Deed Beneficiary) Easement Deed Termination of Easement Executor Deed Administrator Deed Texas Affidavit of Heirship Trustee Deed Certificate of Trust Disclaimer of Interest Mineral Deed Mineral Quitclaim Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our notice of contractual retainage forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

Back to Texas Forms