Has something gone wrong on your public construction project? Maybe you’re a subcontractor who hasn’t been paid for work provided. Or maybe you’re a material provider getting static from a general contractor despite meeting your contractual obligations. If that’s the case, you’re probably wondering how to file a payment bond claim in Texas. Luckily for you, that’s exactly what we’ll be discussing below.
Of note, this article is for educational purposes only and will cover how to file a claim under Texas’ Little Miller Act. If your project is owned by the federal government, your claim will need to comply with the Miller Act of 1935 — a different situation but one our Houston construction attorneys can help with nonetheless.
Texas’ Little Miller Act
Every state has its own version of the Miller Act with its own sets of rules. Texas is no different. Under Texas’ Little Miller Act, a payment bond is “solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the prime contractor or a subcontractor to supply public work labor or material.” Essentially, if you provided labor or materials to a general contractor or even a subcontractor, you’re golden and can proceed with filing a claim.
Like mechanic’s lien requirements, the requirements for filing a bond claim in Texas are tricky. To file a claim, you will first need to send a written notice of the claim by certified or registered mail to the general contractor and surety “on or before the 15th day of the third month after each month in which any of the claimed labor was performed or any of the claimed material was delivered.” (Parties that did not contract directly with the general contractor are required to send an additional notice on the 15th day of the second month). Once the claim has been filed, you must wait at least sixty days to enforce it.
There are additional requirements for these notices that mostly boil down to having the notices be accurate, lawful, and include pertinent information. Consult a Houston construction attorney with Cotney Law for detailed information on bond claim requirements.
File a Bond Claim With Ease
As you can see, filing a claim pursuant to Texas’ Little Miller Act is no joke. Just one mistake could result in you losing out on your right to payment. For this reason and more, we recommend partnering with our law firm whenever you need to file a bond claim. We can ensure that you comply with all notice requirements and deadlines so that you receive the payment you rightly deserve.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.