Tex. Codes » Property Code · TITLE 4. ACTIONS AND REMEDIES · CHAPTER 28. PROMPT PAYMENT TO CONTRACTORS AND SUBCONTRACTORS
Texas Codes

Tex. Prop. Code § 28.005 (2026)

Action To Enforce Payment

✓ current as of May 2026
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Sec. 28.005. ACTION TO ENFORCE PAYMENT. (a) A person may bring an action to enforce the person's rights under this chapter.

(b) In an action brought under this chapter, the court may award costs and reasonable attorney's fees as the court determines equitable and just.

Added by Acts 1993, 73rd Leg., ch. 479, Sec. 1, eff. Sept. 1, 1993.

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 1998–2026 · leading case: Vast Constr., LLC v. CTC Contractors, LLC, 526 S.W.3d 709 (Tex. App. 2017).
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Vast Constr., LLC v. CTC Contractors, LLC, 526 S.W.3d 709 (Tex. App. 2017). “See Tex. Prop. Code § 28.005(b) (authorizing award of attorneys’ fees for an action under the prompt-payment provisions).”
AMX Enter., L.L.P. v. Master Realty Corp., 283 S.W.3d 506 (Tex. App. 2009). “In this case, attorney’s fees are authorized by the contract between AMX and MRC, which provides that “[i]n the event payment is not made as outlined herein, [MRC] agrees to pay all costs of collection and attorney’s fees incurred by [AMX]”; by the Prompt Payment to Contractors…”
Nat'l Env't Serv. Co. v. Homeplace Homes, Inc., 961 S.W.2d 632 (Tex. App. 1998). “See Tex. Prop.Code Ann. § 28.005(b) (Vernon Supp.”
Edifika Investments, LLC D/B/A Military Vill. Apts. v. Chain & Chain Constr., LLC (Tex. App. 2023). · cites it 2× “001(b)(1), (2), (8); TEX. PROP. CODE ANN. § 28.005(b). “To obtain an award of attorney’s fees under Section 38.”
D2 Excavating, Inc. v. Thompson Thrift Constr., Inc. (S.D. Tex. 2021). · cites it 2× “151 (relying on Tex. Prop. Code §§ 28.005(b), 53.156), 186.”
Savage Servs. Corp. v. Cajun Indus. LLC (S.D. Tex. 2024). “Attorneys’ Fees Cajun relies on Texas Property Code § 28.005(b) to argue that it is owed attorney’s fees under its Texas Prompt Pay Act claim.”
Gleason & Messenger Farms, LLC v. James Scott D/B/A Lonestar Steel Bldgs. (2026). “10 See TEX. PROP. CODE § 28.005(b) (stating that an in action brought under this chapter of the Prompt Payment Act, the court may award costs and reasonable attorney’s fees as it determines equitable and just).”
AMX Enter., L.L.P., F/K/A AMX Enter., Inc. v. Master Realty Corp. (Tex. App. 2009). “In this case, attorney’s fees are authorized by the contract between AMX and MRC, which provides that “[i]n the event payment is not made as outlined herein, [MRC] agrees to pay all costs of collection and attorney’s fees incurred by [AMX]; by the Prompt Payment to Contractors…”
AMX Enter., L.L.P., F/K/A AMX Enter., Inc. v. Master Realty Corp. (Tex. App. 2009). “In this case, attorney’s fees are authorized by the contract between AMX and MRC, which provides that “[i]n the event payment is not made as outlined herein, [MRC] agrees to pay all costs of collection and attorney’s fees incurred by [AMX]; by the Prompt Payment to Contractors…”
— Tex. Prop. Code § 28.005(b) — 7 cases
Vast Constr., LLC v. CTC Contractors, LLC, 526 S.W.3d 709 (Tex. App. 2017). “See Tex. Prop. Code § 28.005(b) (authorizing award of attorneys’ fees for an action under the prompt-payment provisions).”
AMX Enter., L.L.P. v. Master Realty Corp., 283 S.W.3d 506 (Tex. App. 2009). “In this case, attorney’s fees are authorized by the contract between AMX and MRC, which provides that “[i]n the event payment is not made as outlined herein, [MRC] agrees to pay all costs of collection and attorney’s fees incurred by [AMX]”; by the Prompt Payment to Contractors…”
Nat'l Env't Serv. Co. v. Homeplace Homes, Inc., 961 S.W.2d 632 (Tex. App. 1998). “See Tex. Prop.Code Ann. § 28.005(b) (Vernon Supp.”
Edifika Investments, LLC D/B/A Military Vill. Apts. v. Chain & Chain Constr., LLC (Tex. App. 2023). “001(b)(1), (2), (8); TEX. PROP. CODE ANN. § 28.005(b). “To obtain an award of attorney’s fees under Section 38.”
D2 Excavating, Inc. v. Thompson Thrift Constr., Inc. (S.D. Tex. 2021). “151 (relying on Tex. Prop. Code §§ 28.005(b), 53.156), 186.”
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