Retainage is money held back from every payment until the end of the job, often 5% to 10%. It's the last money released and the easiest to lose, because by the time it's due, the job is over and everyone has moved on. Texas has its own notice and deadline for retainage, separate from the rest of your claim.
| Step | Deadline (Texas) | Statute |
|---|---|---|
| Owner holds statutory retainage | 10% of the contract price, during the job and for 30 days after completion | § 53.101 |
| Retainage notice (if not already covered by a notice of claim) | Earlier of 30 days after your contract ends or 30 days after the original contract is terminated or abandoned | § 53.057 |
| Lien affidavit for retainage | 15th day of the 3rd month after the month the original contract was completed, terminated or abandoned | § 53.052(d) |
| Copy of filed lien to owner and original contractor | 5 days after filing | § 53.055 |
Watch for the owner's paperwork
A Texas owner may file an affidavit of completion with the county clerk and must send a copy to claimants who sent notices (§ 53.106). On non-residential jobs, an owner must send a notice of termination or abandonment within 10 days to subs who gave notice or asked for it in writing (§ 53.107). Ask the owner in writing to notify you, so your retainage clock doesn't start without you knowing.
Retainage on public jobs
You can't lien public property. On Texas public work, a retainage claim goes against the payment bond: notice to the prime contractor and the surety within 90 days after final completion of the public work contract (Tex. Gov't Code § 2253.046). More on bond claims →
Other states
Retainage rules vary. Minnesota caps private-project retainage at 5%, Vermont requires release within 30 days of final acceptance, and Virginia lets retainage up to 10% sit outside its 150-day lookback. Tell us the state and we'll check the rules for your job. Read our Texas retainage guide →
Pricing and turnaround
Liens are $199 to $500, and that includes recording fees, notarizing and serving. Pre-lien notices are $100. Typical turnaround is 2 business days, and there's no minimum claim amount. Collections run on contingency, 10% to 33%, with no charge if we don't collect. Call (469) 694-8003, Monday through Friday, 8am to 7pm.
Other lien services
Pre-lien notices · Notices of intent · Payment bond claims · Lien releases · Mechanics lien filing
Frequently asked questions
How do I claim unpaid retainage in Texas?
Send the retainage notice by the earlier of 30 days after your contract ends or 30 days after the original contract is terminated or abandoned, then file the lien by the 15th of the 3rd month after the original contract ended.
Does the owner have to hold retainage in Texas?
Yes. 10% of the contract price, during the job and for 30 days after completion (§ 53.101).
What if the retainage is on a public job?
Public property can't be liened. In Texas, you make a claim on the payment bond within 90 days after final completion of the public work contract.
This page is general information, not legal advice. LevelSet Collections is not a law firm; we prepare and file liens and notices as agent for the claimant. Deadlines change and depend on the facts of your job, so confirm your dates with us before relying on them.
Still waiting on retainage?
Liens $199 to $500, recording, notarizing and serving included. Usually filed in 2 business days. Call (469) 694-8003.
