Wharton County Notice of Contractual Retainage Form (Texas)

All Wharton County specific forms and documents listed below are included in your immediate download package:

Notice of Contractual Retainage Form

Wharton County 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 Wharton County compliant document last validated/updated 7/25/2024

Notice of Contractual Retainage Guide

Wharton County Notice of Contractual Retainage Guide

Line by line guide explaining every blank on the form.
Included Wharton County compliant document last validated/updated 10/24/2024

Completed Example of the Notice of Contractual Retainage Document

Wharton County Completed Example of the Notice of Contractual Retainage Document

Example of a properly completed form for reference.
Included Wharton County compliant document last validated/updated 10/31/2024

When using these Notice of Contractual Retainage forms, the subject real estate must be physically located in Wharton County. The executed documents should then be recorded in the following office:

Wharton County Clerk

309 E Milam St, Suite 700 / PO Box 69, Wharton, Texas 77488

Hours: Monday - Friday 8:00am - 4:30pm / Calls until 5:00pm

Phone: (979) 532-2381

Local jurisdictions located in Wharton County include:

  • Boling
  • Danevang
  • East Bernard
  • Egypt
  • El Campo
  • Glen Flora
  • Hungerford
  • Lane City
  • Lissie
  • Louise
  • Pierce
  • Wharton

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 Wharton 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 Wharton County using our eRecording service.
Are these forms guaranteed to be recordable in Wharton County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Wharton 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 Wharton County that you need to transfer you would only need to order our forms once for all of your properties in Wharton County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Texas or Wharton 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 Wharton 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 Wharton 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 Wharton 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.

4.8 out of 5 - ( 4434 Reviews )

James S.

November 21st, 2024

Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.

Reply from Staff

Thanks for the kind words James, glad we could help. Look forward to seeing you again.

Thomas G.

November 21st, 2024

Wasn’t what I expected

Reply from Staff

Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.

Jimmy P.

November 20th, 2024

They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.

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dill h.

March 5th, 2019

easy-peasy

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Christine P.

January 15th, 2019

I was hoping to find information of a property belonging to my grandparents. Your site says it can go back 10-20 years I will just have to go to the courthouse and research. But very good site if your looking for recent information.

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Lynn T.

June 16th, 2021

great service, thank you

Reply from Staff

Thank you!

Fernando C.

August 2nd, 2020

I was happy with my purchase. I honestly received more than I expected .
I recommend you expand to offer more forms such as Living Will.

Reply from Staff

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Linda I.

August 16th, 2023

So far so good. It was reasonably easy to download and complete the form using information found in my closing paperwork. I haven't yet had my form notarized but plan to do so this week and submit the packet to my county auditor.

Reply from Staff

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Kevin V.

June 29th, 2020

This is an option for recording that worked flawlessly with my county government. Given Covid19 has closed county offices to the public as well as the personal kiosks options to record shrunk dramatically. I recommend Deeds.Com for your recording needs.

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Kerrin S.

April 13th, 2020

This was so efficient. Thank you for offering this service!

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Clinton M.

January 8th, 2020

Very informative. I submitted my form.The county accepted it. Thank you.

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Samuel Shera Singh B.

November 6th, 2022

I found the documents I needed and so many more that I will utilize for business, personal and family needs. Also I made a purchase of an additional document I did not need that serves the same purpose as one I purchased and Deeds.com had no issue refunding the unnecessary document in an unbelievably quick response and refund. I would recommend this document provider to everyone including legal office management.

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walter m.

March 17th, 2019

directions and getting to forms, printing good, but I wish it could be more simply and clearly presented. We'll see how it finally works out

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Douglas S.

June 30th, 2021

Nice site, easy to maneuver around, and walks you thru completing forms. However, at the end, the forms listed poorly explained. It would be helpful to have better explanations of the forms so people know which forms they really need to download.

Reply from Staff

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Rebecca H.

May 22nd, 2021

I thought the forms were reasonably priced, the instructions included in the packet were thorough, and the examples helpful. Thank you for the additional CDR forms too. I contacted the Recorder's office via email with a question and Jennifer Bowser answered promptly. Job well done! However, when I delivered the deed and Real Property Transfer Declaration to the Clerk's office in Lafayette, the clerk was unfamiliar with the Declaration document being submitted and it took some time to convince her to submit the form without charging the recording fee. She even tried to phone the recorder's office for clarification, but no one answered. There then was an additional form at that office that I had to complete called Recording Request/Transmittal Form. I would suggest including that form with instructions in your on-line packet to speed up the process when a Deed is delivered to the County Clerk's satellite office. I do not expect every clerk to know all the particulars of recording requirements but a little knowledge wouldn't hurt.

Reply from Staff

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