Texas Public Works Payment Bond Claims Under Government Code Chapter 2253

Step 2: The Monthly Notices

Chapter 2253 notices are tied to each month of unpaid work. Calculate them separately for every month in which you performed labor or delivered materials.

Third-month notice: every claimant

For ordinary claims for labor performed or material delivered, the claimant must mail written notice of the claim to both the prime contractor and the surety on or before the 15th day of the third month after each month in which the labor was performed or the material was delivered. (Tex. Gov't Code § 2253.041(a), (b).)

Second-month notice: claimants without a contract with the prime

A claimant that does not have a direct contract with the prime contractor must also give the prime contractor an earlier notice, on or before the 15th day of the second month after each month in which the labor was performed or material delivered. A copy of the statement or billing sent to the subcontractor satisfies this requirement. This notice is in addition to the third-month notice, not a substitute for it. (Tex. Gov't Code § 2253.047(a), (c).)

Specially fabricated material

A claimant subject to Section 2253.047 must also notify the prime contractor of its receipt and acceptance of an order for specially fabricated material by the 15th day of the second month after receipt and acceptance of the order. (Tex. Gov't Code § 2253.047(d).)

Worked example

A second-tier electrical supplier delivers materials in March 2026 and is not paid.

• By May 15, 2026: second-month notice to the prime contractor.
• By June 15, 2026: third-month notice, with a sworn statement of account, to the prime contractor and the surety.

If the same supplier also delivered in April, the April deliveries carry their own deadlines of June 15 and July 15. Each month is a separate clock.

How notice must be sent

Notices under the subchapter must be sent by certified or registered mail, addressed as the statute requires. (Tex. Gov't Code § 2253.048.) Keep the mailing receipts and tracking records. See our guide to proof of service for notices.

Step 3: What the Claim Must Include

The third-month notice must be accompanied by a sworn statement of account stating, in substance, that the amount claimed is just and correct and that all just and lawful offsets, payments and credits known to the claimant have been allowed. The statement must include any retainage not yet due under the claimant's contract. (Tex. Gov't Code § 2253.041(c), (d).)

• With a written agreement: the claimant may enclose a copy of the agreement and a statement of completion, or of the value of partial completion, with the sworn account. (Tex. Gov't Code § 2253.042.)
• Without a written agreement: except for a claim governed by Section 2253.044, the notice must identify the party for whom the labor was performed or to whom the material was delivered, the approximate date of performance or delivery, the labor or material sufficiently for reasonable identification, and the amount due. The claimant must generally itemize the claim and include copies of documents, invoices or orders that reasonably identify the labor or material, the job, and the destination of delivery. (Tex. Gov't Code § 2253.043.)
• Multiple items for a lump sum: Section 2253.044 prescribes the notice content for these claims.
• Unit-price agreements: attaching the contractual units and unit prices, with a statement identifying completed and partially completed units, to the sworn account is a sufficient method of documenting the claim. (Tex. Gov't Code § 2253.045.)

Step 4: Retainage Claims

Retainage has its own rules.

• Early retainage notice. A claimant that contracted with a subcontractor and whose contract provides for retainage must notify the prime contractor on or before the 15th day of the second month after the month in which performance or delivery began, stating that the contract provides for retainage and generally describing it. (Tex. Gov't Code § 2253.047(b).)
• Retainage claim. Notice of a claim for unpaid retainage must be mailed to the prime contractor and the surety on or before the 90th day after final completion of the public work contract, stating the contract amount, the amount paid and the outstanding balance. No separate notice is required if the retainage was included in an earlier claim. (Tex. Gov't Code § 2253.046.)

The 90-day period runs from final completion of the prime contract, not from the end of the claimant's own work. Track the project's completion date.

Step 5: Filing Suit

When suit may be filed. If the claim is not paid before the 61st day after the notice is mailed, the claimant may sue the principal, the surety, or both. (Tex. Gov't Code § 2253.073(a).)

The deadline. Suit may not be filed after the first anniversary of the date the statutory notice of claim was mailed, subject to applicable weekend and holiday rules. (Tex. Gov't Code § 2253.078(b).) The deadline is measured from the notice, not from project completion, and a later demand letter does not restart it. Negotiations with the surety do not automatically suspend, extend or restart the filing deadline. File within the statutory period rather than rely on negotiations or possible equitable relief. See Live Systems, LLC v. Hartford Fire Insurance Co., No. 02-23-00238-CV (Tex. App. Fort Worth Jan. 18, 2024).

Venue. Suit must be brought in a county in which any part of the public work is located. (Tex. Gov't Code § 2253.077.)

Attorney's fees. In a proceeding to enforce a payment bond claim or to declare any part of a claim invalid, the court may award costs and reasonable attorney's fees that are equitable. An award is discretionary and may favor the claimant or an opposing party. Success on the claim does not automatically entitle a party to fees. (Tex. Gov't Code §§ 2253.073(b), 2253.074; C. Green Scaping, L.P. v. Westfield Insurance, 248 S.W.3d 779 (Tex. App. Fort Worth 2008).)

Did the 2021 Lien Reforms Change Chapter 2253?

No. House Bill 2237 rewrote much of the private lien statute in Property Code Chapter 53 for original contracts entered into on or after January 1, 2022. It did not change the Chapter 2253 notice or suit deadlines. A 2023 amendment to § 2253.027 addressed the governmental entity's liability in connection with required public property lease terms, not claimant notice or suit deadlines. Do not apply the private lien rules to a public bond claim.

Checklist: Texas Public Works Bond Claims

1. Confirm the project is public and bonded. Identify the governmental entity and the contract amount.
2. Obtain the payment bond. Record the surety's name and address and the bond number.
3. Identify your customer's role. Make sure you are not a supplier to a supplier.
4. Send the early retainage notice by the 15th day of the second month after performance or delivery begins, if you contract with a subcontractor and your contract has retainage.
5. Calendar notices for every month of work. Second-month notice to the prime if you are not in privity; third-month notice to the prime and the surety for ordinary claims. Watch for specially fabricated material orders.
6. Attach a sworn statement of account and the supporting documents.
7. Mail by certified or registered mail and keep copies of every notice and enclosure with the mailing evidence.
8. Track final completion for the 90-day retainage notice.
9. File suit beginning on the 61st day and no later than the one-year anniversary of the statutory notice, in a county where any part of the project is located.

The Bottom Line

On a qualifying bonded Texas public work, the payment bond provides security for payment in place of the mechanics lien remedy. Calendar the deadline for each month's unpaid labor or material, send each required notice to its statutory recipients, comply with any special claim requirements, and calendar suit from the statutory notice for the particular claim. The National Lien & Bond platform calculates these deadlines and sends notices by certified mail; create an account, or use our Texas deadline calculator. If a Texas public works claim is already in dispute, contact us.

This article addresses ordinary subcontractor and supplier claims, not individual wage claims, and provides general information about Texas Government Code Chapter 2253. It is not legal advice. Requirements depend on the claimant's contract, its customer's role, and the project documents. Confirm the current statute before relying on any deadline.