Disclosure of Subcontractors and Suppliers

Disclosure of Subcontractors and Suppliers

For the construction of improvements under a residential construction contract, the original contractor must furnish to the owner before the commencement of construction 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. The original contractor must also provide the owner with an updated list of subcontractors and suppliers no later than the 15th day after a subcontractor or supplier is added or deleted.

The list of subcontractors and suppliers must contain a conspicuous notice providing substantially as follows

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.

As this required notice contemplates, the owner may waive the right to receive either the initial list or any supplemental list of subcontractors and suppliers as to any residential construction contract entered into on or after September 1, 1999 [Tex. Prop. Code § 53.256(d) —added by Acts 1999, 76th Leg., ch. 889]. Any such waiver must be in writing. The waiver may be included in the residential construction contract. If separate from the contract, the waiver statement must be signed by the owner. The waiver statement, whether in or separate from the contract, must be conspicuously printed and provide substantially as follows [Tex. Prop. Code § 53.256(d)—waiver must be in at least 10-point boldface type]:

WAIVER OF THE LIST OF SUBCONTRACTORS AND SUPPLIERS. AN OWNER IS NOT REQUIRED TO WAIVE THE RIGHT GRANTED BY § 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.

The failure of the contractor to provide a required initial or supplemental list of contractors and suppliers does not invalidate any lien the contractor has under Chapter 53 [Tex. Prop. Code § 53.256(c)].

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