Brewster County Notice of Contractual Retainage Form (Texas)
All Brewster County specific forms and documents listed below are included in your immediate download package:
Notice of Contractual Retainage Form
Fill in the blank Notice of Contractual Retainage form formatted to comply with all Texas recording and content requirements.
Included Brewster County compliant document last validated/updated 7/25/2024
Notice of Contractual Retainage Guide
Line by line guide explaining every blank on the form.
Included Brewster County compliant document last validated/updated 12/4/2024
Completed Example of the Notice of Contractual Retainage Document
Example of a properly completed form for reference.
Included Brewster County compliant document last validated/updated 10/31/2024
The following Texas and Brewster County supplemental forms are included as a courtesy with your order:
When using these Notice of Contractual Retainage forms, the subject real estate must be physically located in Brewster County. The executed documents should then be recorded in the following office:
Brewster County Clerk
201 W Ave East / PO Drawer 119, Alpine, Texas 79830 / 79831
Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 5:00pm
Phone: (432) 837-3366
Local jurisdictions located in Brewster County include:
- Alpine
- Big Bend National Park
- Marathon
- Terlingua
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Brewster County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Brewster County using our eRecording service.
Are these forms guaranteed to be recordable in Brewster County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Brewster County including margin requirements, content requirements, font and font size requirements.
Can the Notice of Contractual Retainage forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Brewster County that you need to transfer you would only need to order our forms once for all of your properties in Brewster County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Texas or Brewster County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Brewster County Notice of Contractual Retainage forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
As a contractor, it's important to send out early notice forms shortly after beginning work on a construction job. By putting all interested parties on notice, claimants can help protect their lien rights. One important early notice form is called a Notice of Contractual Retainage, as defined at Sec. 53.057 of the Texas Property Code.
Retainage means an amount representing part of a contract payment that is not required to be paid to the claimant within the month following the month in which labor is performed, material is furnished, or specially fabricated material is delivered. TEX. PROP. CODE 53.001(11). Simply put, it is a portion of the agreed upon contract price that is deliberately withheld until the work reaches substantial completion to assure that contractor or subcontractor will satisfy its obligations and complete a construction project. If the job is not up to par, the retainage amount is used to make any changes or fixes.
Give this notice to all other interested parties to make them aware that the person who hired you is withholding a retainage amount from you under your contract. Therefore, once provided with the notice, the other parties above you can withhold a matching retainage amount. If you are an original contractor on the job, the notice is not required since the owner already has such notice of any retainage agreement.
Use this form if you do not have a direct contract with the owner or the original contractor. Thus, you need to provide this notice to these parties to make them aware of the existing retainage agreement. The claimant must give the owner or reputed owner the notice of contractual retainage no later than the earlier of: (a) the 30th day after the date the claimant's agreement providing for retainage is completed, terminated, or abandoned; or (b) the 30th day after the date the original contract is terminated or abandoned. TEX. PROP. CODE 53.057(b).
The Notice of Contractual Retainage does not need to be notarized or recorded. Instead, deliver it to relevant parties via certified or registered US mail, with return receipt requested.
Each case is unique, and the Texas lien law is complicated. Contact an attorney for complex situations, with specific questions about sending a notice of contractual retainage, or any other issue about mechanic's liens.
Our Promise
The documents you receive here will meet, or exceed, the Brewster County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Brewster County Notice of Contractual Retainage form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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September 13th, 2023
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November 3rd, 2022
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October 25th, 2020
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February 7th, 2019
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July 26th, 2021
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July 20th, 2022
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March 31st, 2022
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June 6th, 2021
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Matthew L.
September 15th, 2022
I would make just two suggestions.
(1) Create and example showing multiple grantor(s) and
(2) In the same example, show where and estate is conveyed to two or more people.
It would help in knowing the correct format.
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A. S.
February 27th, 2019
First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!
Timothy G.
August 1st, 2020
Easy peezy.
Thank you!
Elizabeth P.
October 20th, 2020
Perfect quitclaim form. Easy to fill in with the required information and all the required information has a place (no easy feat in our county!). It is helpful that they include exhibit pages for larger blocks of information (our legal is 2 pages long). Great job folks!
Thank you for the kind words Elizabeth. Have an amazing day!