Texas · Payment advocacy

When retainage sits unpaid, this office acts.

Contractor Legal Advocate represents subcontractors on outstanding contract sums and retainage. We issue formal written demands, cite the Texas statutes that govern payment, and start the clock.

Authority

Texas law already set the deadlines.

Retainage is not a courtesy and it is not a loan. It is earned money held as security. When the work is done and the statutory conditions are met, it is due. This office cites the statutes by chapter.

Tex. Prop. Code ch. 28

Prompt Payment Act

An owner must pay a contractor for properly performed work not later than the 35th day after a written payment request. A contractor must pay its subcontractors the portion attributable to that work not later than the 7th day after receiving the owner’s payment. Unpaid amounts accrue interest at 1½ percent each month.

Tex. Prop. Code ch. 53

Mechanic’s liens

Unpaid labor, materials, and retainage may be secured by lien against the property improved. Statutory retainage, notice, and filing rules exist so subcontractors are not left waiting on someone else’s cash flow. This office uses them.

Tex. Gov’t Code ch. 2251

Public work prompt pay

Governmental entities and their vendors are on statutory clocks. Where the project is public, those deadlines are stated in the demand. Interest and complaint remedies apply when payment is late without a bona fide dispute.


How a file proceeds

Demand. Deadline. Remedy.

Correspondence from this office is issued after review of the job, the billed amount, and the time outstanding. It is not a reminder invoice.

01

File review

Project, general contractor, retainage or contract sum, date billed, and last communication — documented before a letter goes out.

02

Written demand

The letter identifies the subcontractor we represent, states the amount and how long it has been outstanding, and cites the applicable Texas payment and lien statutes.

03

Date certain

Payment is demanded by a stated deadline — typically thirty days from the date of the letter. That date is the close of the voluntary-resolution window.

04

If unpaid

Mechanic’s lien, referral to licensed Texas counsel for formal action, and notice to the Texas Attorney General where the facts support it.

For general contractors

If you received a demand, treat it as a file that needs a written close. Confirm the job. If it has been paid, send the proof. If it has not, give a date. If you dispute the amount, say so with the backup — not a status that cannot be verified.

Direct responses to with the project name in the subject line.

For subcontractors

This office acts for subcontractors. If retainage or contract sums owed to you are past due and you want a formal demand issued, write the same address with the job name, the amount, the date billed, and the last response you received.

Correspondence

This office corresponds in writing.

Put the project name in the subject line. Attach proof of payment or the documentation that supports your position. Telephone statements are not the record; confirm them here.

Send correspondence
Official email
advocacy@contractorlegaladvocate.com
Jurisdiction
Texas
Matters
Unpaid retainage and contract sums owed to subcontractors
Subject line
Project name, as it appears on the letter