Demand for Affidavit of Payment of Subcontractors, Materialmen, etc by Original Contractor - Individual - Texas 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by filling in your name in the first blank space provided. This identifies you as the original contractor making the demand.
  3. In the next blank, enter the name of the individual or entity that has furnished labor or materials. This is crucial for accountability.
  4. Specify whether all subcontractors, laborers, or materialmen have been paid in full. If not, indicate the amount owed and provide details such as names and contact information for each unpaid party.
  5. Date your request by filling in the day and month on the designated lines before signing your name.
  6. Complete the Certificate of Delivery section by certifying how you delivered this document to ensure proper communication.

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Texas has clear laws that support prompt payment and protect subcontractors rights. Under the Texas Property Code, subcontractors who havent been paid for work completed have the right to file a mechanics lien against the property.
On private projects in Texas, the property owner must make payment to the prime contractor within 35 days of invoice receipt. Once the prime contractor receives payment from the property owner, they must pay their subs and suppliers within 7 days.
The Texas Prompt Payment Act According to the Act, a contractor must pay their subcontractors within seven days of receiving payment from the owner or client. If payment is delayed beyond this period, the contractor may be liable for interest on the unpaid balance.
If unpaid, the subcontractor files a lien on the property. The lien can lead to foreclosure, forcing payment. The general contractor is typically required to indemnify the owner under Texas law. A properly filed lien gives subcontractors strong legal leverage but must follow strict deadlines to be valid.
Report the issue to local police for potential fraud investigation. Simultaneously, consider filing a civil lawsuit for bdocHub of contract and damages caused by incomplete or faulty work. Collect evidence such as photos of damage and payment records.
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People also ask

Mechanics lien, which is also called a mechanics lien affidavit or lien affidavit, is an official document that asserts a lien against a property for your work when you have not been paid. When appropriately filed, the lien affidavit becomes a public record.
A contractors affidavit provides reassurance to the project owner that all contractors and vendors on the project have been paid for the work they provided.
In short, anyone who fails to uphold their obligation to act honestly and ethically during the project may face civil lawsuits or criminal charges under laws such as Texas Penal Code Section 31.03 (Theft) or Section 32.45 (Misapplication of Fiduciary Property).

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