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A Notice of Commencement is a document that establishes the formal start date of a construction project and identifies the project stakeholders, such as the property owner, lender, and general contractor.
Texas law obligates construction owners to withhold 10% of the value of the work during the course of a project and for 30 days after final completion. This is generally known as statutory retainage.
Under the Texas Prompt Payment Act, once an owner receives a request for payment, the contractor has a right to be paid within thirty-five (35) days. This regulation is only valid if the work conforms to the contract and the amount requested is allowed under the contract.
Residential Disclosure Notice: In Texas, a general contractor is generally not required to give any preliminary notice. However, when a project is residential, a GC must provide a Residential Disclosure Statement.
In all cases, Texas requires that you send a separate pre-lien notice for each month youre not paid, or you will forfeit your right to file a mechanics lien for that months work.
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Texas law obligates construction owners to withhold 10% of the value of the work during the course of a project and for 30 days after final completion. This is generally known as statutory retainage.
Is an Affidavit of Completion required in Texas? Short answer: No. An Affidavit of Completion can be filed by the owner or general contractor. It helps to establish the completion date for the project, as well as the filing deadline for liens on unpaid contractual retainage.
Retainage is a percentage of the contract amount that is held until a specific date after the completion of the work. You release retainage by creating a voucher pay item with a Pay Status of A (Available to Pay) for the amount that you want to release. The retainage amount is also referred to as holdback.
Bottom Line. Retainage is a flawed and potentially outdated practice. They put undue pressure on construction businesses, and often, construction businesses leverage retainage into discounts from their sub-tiered comrades. Retention bonds are an imperfect solution for the retainage problem.
Texas law obligates construction owners to withhold 10% of the value of the work during the course of a project and for 30 days after final completion. This is generally known as statutory retainage.

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