Montgomery County Notice of Contractual Retainage Form
Last validated April 27, 2026 by our Forms Development Team
Montgomery County Notice of Contractual Retainage Form
Fill in the blank Notice of Contractual Retainage form formatted to comply with all Texas recording and content requirements.

Montgomery County Notice of Contractual Retainage Guide
Line by line guide explaining every blank on the form.

Montgomery County Completed Example of the Notice of Contractual Retainage Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Texas and Montgomery County documents included at no extra charge:
Where to Record Your Documents
County Clerk - Main Office
Conroe, Texas 77301 /77305
Hours: Monday - Friday 8:00am - 5:00pm
Phone: (936) 539-7885
East County Annex
New Caney, Texas 77357
Hours: Tuesday & Thursday 8:30am - 4:30pm / Closed 12 - 1 for lunch
Phone: 281-577-8976
South County Annex
The Woodlands, Texas 77380
Hours: Monday, Wednesday & Friday 8:30am - 4:30pm / Closed 12 - 1 for lunch
Phone: 281-364-4241
Recording Tips for Montgomery County:
- Double-check legal descriptions match your existing deed
- Documents must be on 8.5 x 11 inch white paper
- Avoid the last business day of the month when possible
- Request a receipt showing your recording numbers
- Have the property address and parcel number ready
Cities and Jurisdictions in Montgomery County
Properties in any of these areas use Montgomery County forms:
- Conroe
- Dobbin
- Magnolia
- Montgomery
- New Caney
- Pinehurst
- Porter
- Splendora
- Spring
- Willis
Hours, fees, requirements, and more for Montgomery County
How do I get my forms?
Forms are available for immediate download after payment. The Montgomery County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Montgomery County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Montgomery County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Montgomery County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Montgomery County?
Recording fees in Montgomery County vary. Contact the recorder's office at (936) 539-7885 for current fees.
Questions answered? Let's get started!
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.
Important: Your property must be located in Montgomery County to use these forms. Documents should be recorded at the office below.
This Notice of Contractual Retainage meets all recording requirements specific to Montgomery County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Montgomery County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.
Save Time and Money
Get your Montgomery County Notice of Contractual Retainage form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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