(a) For purposes of Section 53.052, indebtedness accrues on a contract under which a plan or plat is prepared, labor
was performed, materials furnished, or specially fabricated materials are to be furnished
in accordance with this section.
(b) Indebtedness to an original contractor accrues:
(1) on the last day of the month in which a written declaration by the original contractor
or the owner is received by the other party to the original contract stating that
the original contract has been terminated; or
(2) on the last day of the month in which the original contract has been completed,
finally settled, or abandoned.
(c) Indebtedness to a subcontractor, or to any person not covered by Subsection (b)
or (d), who has furnished labor or material to an original contractor or to another
subcontractor accrues on the last day of the last month in which the labor was performed
or the material furnished.
(d) Indebtedness for specially fabricated material accrues:
(1) on the last day of the last month in which materials were delivered;
(2) on the last day of the last month in which delivery of the last of the material
would normally have been required at the job site; or
(3) on the last day of the month of any material breach or termination of the original
contract by the owner or contractor or of the subcontract under which the specially
fabricated material was furnished.
(e) A claim for retainage accrues on the earliest of the last day of the month in
which all work called for by the contract between the owner and the original contractor
has been completed, finally settled, terminated, or abandoned.
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