2023 Texas Statutes
Business and Commerce Code
Title 4 - Business Opportunities and Agreements
Chapter 56 - Agreement for Payment of Construction Subcontractor
Subchapter A. General Provisions
Section 56.001. Definitions
Sec. 56.001. DEFINITIONS. In this chapter:
(1) "Contingent payee" means a party to a contract with a contingent payment clause, other than an architect or engineer, whose receipt of payment is conditioned on the contingent payor's receipt of payment from another person.
(2) "Contingent payment clause" means a provision in a contract for construction management, or for the construction of improvements to real property or the furnishing of materials for the construction, that provides that the contingent payor's receipt of payment from another is a condition precedent to the obligation of the contingent payor to make payment to the contingent payee for work performed or materials furnished.
(3) "Contingent payor" means a party to a contract with a contingent payment clause that conditions payment by the party on the receipt of payment from another person.
(4) "Improvement" includes new construction, remodeling, or repair.
(5) "Obligor" means the person obligated to make payment to the contingent payor for an improvement.
(6) "Primary obligor" means the owner of the real property to be improved or repaired under the contract, or the contracting authority if the contract is for a public project. A primary obligor may be an obligor.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.001(a), eff. September 1, 2009.
