Tex. Gov't Code Section 2253.076
Limitations on Certain Claims; Maximum Retainage

(a)

The amount of a subcontractor’s claim, including previous payments, may not exceed the proportion of the subcontract price that the work done bears to the total of the work covered by the subcontract.

(b)

A claim for specially fabricated material that has not been delivered or incorporated into the public work is limited to material that conforms to and complies with the plans, specifications, and contract documents for the material. The amount of the claim may not exceed the reasonable cost, less the fair salvage value, of the specially fabricated material.

(c)

A claim for retainage in a notice under this subchapter is not valid for an amount greater than the amount of retainage specified in the public work contract between the payment bond beneficiary and the prime contractor or between the payment bond beneficiary and the subcontractor. A claim for retainage is never valid for an amount greater than 10 percent of the amount of that contract.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Source: Section 2253.076 — Limitations on Certain Claims; Maximum Retainage, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2253.htm#2253.076 (accessed Apr. 13, 2024).

2253.001
Definitions 2253.002
Exemption 2253.021
Performance and Payment Bonds Required 2253.022
Performance and Payment Bonds 2253.023
Attempted Compliance 2253.024
Information from Contractor or Subcontractor 2253.025
Information from Payment Bond Beneficiary 2253.026
Copy of Payment Bond and Contract 2253.027
Liability of Governmental Entity 2253.041
Notice Required for Claim for Payment for Labor or Material 2253.042
Copy of Agreement as Notice of Claim for Unpaid Labor or Material 2253.043
Notice of Claim for Unpaid Labor or Material When Written Agreement Does Not Exist 2253.044
Notice of Claim for Multiple Items of Labor or Material 2253.045
Notice of Claim for Unpaid Labor or Material Under Written Unit Price Agreement 2253.046
Notice Required for Claim for Payment of Retainage 2253.047
Additional Notice Required for Payment Bond Beneficiary Without Direct Contractual Relationship with Prime Contractor 2253.048
Mailing Notice 2253.071
Termination or Abandonment of Contract 2253.072
State Not Liable for Costs 2253.073
Suit on Payment Bond 2253.074
Costs and Attorney Fees 2253.075
Assignment of Claim 2253.076
Limitations on Certain Claims 2253.077
Venue 2253.078
Statute of Limitations 2253.079
Criminal Offense for False and Fraudulent Claim

Accessed:
Apr. 13, 2024

§ 2253.076’s source at texas.gov

Stay Connected

Join thousands of people who receive monthly site updates.

Get Legal Help

The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS)

Committed to Public Service

We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entrepreneurship, we’re lowering the cost of legal services and increasing citizen access.

Navigate

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

Location: https://texas.public.law/statutes/tex._gov't_code_section_2253.076

Original Source: Section 2253.076 — Limitations on Certain Claims; Maximum Retainage, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2253.htm#2253.076 (last accessed Apr. 13, 2024).