Texas Residential Construction - List of Subcontractors & Suppliers

When providing labor and materials to residential projects, additional notices and contract disclosures must be provided to the owner.  One of the additional disclosures that must be made is a list of subcontractors and suppliers.  Texas Property Code § 53.256

Before any material is furnished or the labor is performed the original contractor must provide the owner with a written list that identifies by name, address, and telephone number each subcontractor and supplier the contractor intends to use in the work to be performed.

If a subcontractor or supplier is later added or deleted, the contractor must provide the owner with an updated list of subcontractors and suppliers not later than the 15th day after the date a subcontractor or supplier is added or deleted.

However, it should be noted that failure to provide the list will not invalidate a lien claim.

The list must contain the following notice conspicuously printed, stamped, or typed in a size equal to at least 10-point boldface or the computer equivalent:

"NOTICE:  THIS LIST OF SUBCONTRACTORS AND SUPPLIERS MAY NOT BE A FINAL LISTING. UNLESS YOU SIGN A WAIVER OF YOUR RIGHT TO RECEIVE UPDATED INFORMATION, THE CONTRACTOR IS REQUIRED BY LAW TO SUPPLY UPDATED INFORMATION, AS THE INFORMATION BECOMES AVAILABLE, FOR EACH SUBCONTRACTOR OR SUPPLIER USED IN THE WORK PERFORMED ON YOUR RESIDENCE."

Alternatively, an owner may waive the right to receive the list of subcontractors and suppliers or any updated information.  The waiver must be in writing and may be included in the contract.  If the waiver is not included in the contract, the separate waiver statement must be signed by the owner.

The waiver must be conspicuously printed in at least 10-point bold-faced type and read substantially similar to the following:

"WAIVER OF THE LIST OF SUBCONTRACTORS AND SUPPLIERS. AN OWNER IS NOT REQUIRED TO WAIVE THE RIGHT GRANTED BY SECTION 53.256, PROPERTY CODE, TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS.

"BY SIGNING THIS DOCUMENT, I AGREE TO WAIVE MY RIGHT TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS.

"I UNDERSTAND AND ACKNOWLEDGE THAT, AFTER SIGNING THIS DOCUMENT, THIS WAIVER MAY NOT BE CANCELED AT A LATER DATE.

"I HAVE VOLUNTARILY CONSENTED TO THIS WAIVER."