Section 53.057 - Derivative Claimant: Notice Of Claim For Unpaid Retainage(a) To the extent that a claim for unpaid retainage is not included wholly or partly in a notice provided under Section 53.056, a claimant other than an original contractor whose contract provides for retainage must give notice under this section for a lien for unpaid retainage to be valid . (a-1) The claimant must send the notice of claim for unpaid retainage to the owner or reputed owner and the original contractor not later than the earlier of: (1) the 30th day after the date the claimant's contract is completed, terminated, or abandoned; or (2) the 30th day after the date the original contract is terminated or abandoned. (a-2) The notice must be in substantially the following form: "NOTICE OF CLAIM FOR UNPAID RETAINAGE"WARNING: This notice is provided to preserve lien rights."Owner's property may be subject to a lien if sufficient funds are not withheld from future payments to the original contractor to cover this debt.
"Date:________________
"Project description and/or address: ________________
"Claimant's name: ________________
"Type of labor or materials provided: ________________
"Original contractor's name: ________________
"Party with whom claimant contracted if different from original contractor: ________________
"Total retainage unpaid: ________________
"________________ (Claimant's contact person)
"________________ (Claimant's address)"
(a-3) The notice may include an invoice or billing statement. (b) [Repealed by 2021 amendment.](b-1) [Repealed by 2021 amendment.](c) [Repealed by 2021 amendment.](d) [Repealed by 2021 amendment.](e) [Repealed by 2021 amendment.](f) A claimant has a lien on, and the owner is personally liable to the claimant for, the reserved funds under Subchapter E if the claimant: (1) gives notice in accordance with this section and: (A) complies with Subchapter E; or (B) files an affidavit claiming a lien not later than the date required for filing an affidavit under the applicable provision of Section 53.052
; and
(2) gives the notice of the filed affidavit as required by Section 53.055. (g) [Repealed by 2021 amendment.]Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 690,Sec. 13, eff. 1/1/2022.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 690,Sec. 36, eff. 1/1/2022.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 690,Sec. 12, eff. 1/1/2022.Amended By Acts 2011, 82nd Leg., R.S., Ch. 499, Sec. 2, eff. 9/1/2011.Amended By Acts 1999, 76th Leg., ch. 889, Sec. 3, eff. 9/1/1999.Amended By Acts 1997, 75th Leg., ch. 526, Sec. 9, eff. 9/1/1997Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 9, eff. 9/1/1989 Acts 1983, 68th Leg., p. 3541, ch. 576, Sec. 1, eff. 1/1/1984.