Pool Subcontractor Says My Builder Didn't Pay Them: What to Do in Texas (2026)

Short answer: don't pay the sub on the spot, and don't send the builder another dollar yet. First, get the claim in writing and check it against the Texas notice rules below. Once you receive a proper written notice of claim, Texas lets you withhold that amount from your builder (Property Code §53.081), and you should hold it until the claim is resolved or the lien deadline passes (§53.082).^[1][3] Money you paid the builder before the notice generally isn't at risk, except the 10% you were supposed to reserve. Payments you make to the builder after the notice can come back on you (§53.084).^[4]

How to read this page. Statute summaries are our plain-English reading of the official Texas Property Code text, checked on October 28, 2026. This is not legal advice. The answer depends on your dates, your contract and whether the pool is at your homestead, so talk to a Texas construction or real estate attorney. The State Bar runs a lawyer referral service.^[10] This guide names no company. We run a pool service company (see the footer). We don't build pools or handle payment disputes.

This happens on pool jobs

Pool builds use a chain of subs and suppliers: dig, steel, plumbing, gunite, electrical, tile, coping, plaster, equipment. If the builder doesn't pay one of them, Texas lien law lets that sub pursue your property even though you never signed anything with it.^[1] Two homeowner threads show the pattern. In a 2022 r/legaladvice post about a Texas pool job, the owners wrote that "another subcontractor showed up at our door and gave us a bill the company also has not paid them, around 12k for tiling work," and that "the subcontractor had a stack of these to give out."^[8] In a 2024 r/Construction post, an owner who said they had paid "$90,000+ already to the pool contractor" got "a notice from the sub that supplied the gunite" saying a $16,000 bill was unpaid and that, if it stayed unpaid, the sub would put a lien on the home.^[9] These are the posters' own accounts. We haven't verified them, and neither post names a company.

Step 1: get it in writing and check the notice

A knock on the door, a phone call or a text is not the notice Texas law runs on. For a sub's or supplier's lien to be valid, it must send a notice of claim for unpaid labor or materials to you and to the builder (§53.056).^[2]

Check	What the law says	Statute
What it must contain	Substantially: date; project description or address; claimant's name; type of labor or materials; the original contractor's name; who the claimant contracted with, if different; the claim amount; a contact person; and the claimant's address. It may include an invoice.^[2]	§53.056(a-2), (a-3)
Who gets it	The owner (or reputed owner) and the original contractor.^[2]	§53.056(a-1)
Deadline, residential job	By the 15th day of the second month after the month the labor or materials were provided. Example: tile set in March, notice due by May 15.^[2]	§53.056(a-1)(2)
Retainage-only claim	A separate notice for unpaid retainage, due by the earlier of 30 days after the sub's own contract, or the builder's contract, is completed, terminated or abandoned.^[1]	§53.057
Homestead statement	If the pool is at your homestead, the notice must include or attach a statutory statement. It says your property may face a lien if you don't withhold after notice or don't reserve 10%. It also says that if you did both, a lien by a sub or supplier who didn't contract with you "will not be a valid lien on your property."^[5]	§53.254(g)

Keep the envelope and write down the date each notice arrived. The withholding right starts on receipt of the notice (§53.081(b)).^[3]

Step 2: what you owe, and what you don't

Money	Your exposure	Statute
Paid to the builder before you received a proper notice	Generally not at risk. The owner "is not liable for any amount paid to the original contractor before the owner is authorized to withhold funds," except any amount the owner failed to reserve.^[4]	§53.084(a)
The 10% reservation	Owners must reserve 10% of the contract price (or of the value of the work) during the job and for 30 days after completion. If you didn't, claimants who comply with the statute can have a lien at least up to the amount you should have reserved.^[1]	§§53.101, 53.105
Paid to the builder after the notice	If you received the notice, the lien is secured and the claim goes to final judgment, you are liable, and your property is subject to a claim, for money paid to the builder after you were authorized to withhold.^[4]	§53.084(b)
The sub's lien amount	A subcontractor's lien can't exceed the share of its subcontract price that its work represents, minus what it already received.^[1]	§53.024

Step 3: withhold, then hold

Withhold the claimed amount from your next payment to the builder. You may do this "immediately on receipt of the notice," on top of the 10% reservation (§53.081).^[3]
Keep holding it until the claim is settled, bonded, discharged or found invalid by a final judgment. Otherwise hold it until the time to file a lien affidavit passes, or, if one is filed, until the lien is satisfied or released (§53.082).^[1]
Tell your lender if a construction or pool loan pays the builder. The statutory disclosure every residential builder must give you says to "immediately provide a copy of the notice to your lender and instruct the lender to withhold payment in the amount of the claim" (§53.255).^[1]
Tell the builder in writing that you received a notice of claim and are withholding that amount under §53.081. Ask for proof of payment to the sub and a bills-paid affidavit (§53.085).^[1]

Step 4: ask both sides for paperwork

Ask	What you can get	Statute
The sub (lien claimant)	Within 30 days of your written request: a copy of its written agreement, purchase order or contract, and any billing or payment request showing the amount claimed and the work done. If asked, an estimate of the amount due for each month it worked.^[6]	§53.159(d)
A subcontractor	Within 10 days of your written request: who it bought labor or materials from for your job, who it furnished them to, and whether there's a payment bond.^[6]	§53.159(c)
The builder	A sworn bills-paid affidavit as a condition of payment, listing anyone still owed and how much. A false statement is a misdemeanor, and the signer is personally liable for losses it causes.^[1]	§53.085
The builder (residential)	The subcontractor and supplier list and a disbursement statement with each payment request.^[1]	§§53.256, 53.258

The claimant also has a duty here: a claimant who gets a written request from the owner must furnish its contract and billing records, so a sub that won't back up its number is worth noting to your attorney.^[6]

Step 5: if you settle with the sub directly

Get a release before the money moves. The statutory disclosure says: "When you receive a notice of claim, do not release withheld funds without obtaining a signed and notarized release of lien and claim from the claimant" (§53.255).^[1]
Use the Texas statutory waiver forms. A waiver works only if it substantially complies with one of the §53.284 forms (§53.281). See our lien waiver guide for the four forms.^[1]
Credit it against the builder's contract in writing, so you don't pay the same work twice. Ask your attorney how to document it.
If a lien affidavit is already filed, see how to check and remove a mechanic's lien. Once paid, the claimant must give a recordable release within 10 days of a written request (§53.152).^[1]

When it's more than one sub

Several unpaid subs at once, or a sub "with a stack" of bills for other homeowners, can be a sign the builder is in financial trouble.^[8] Texas treats payments to a contractor as trust funds for the subs and suppliers on that job (§162.001). Section 162.031 defines misapplying them as intentionally or knowingly, or with intent to defraud, diverting trust funds without first paying current or past-due obligations to those beneficiaries. It also lists affirmative defenses, such as spending the money on the job's actual expenses.^[7] An unpaid bill alone doesn't prove that. If work has also stopped, see builder stopped work or walked off.

FAQ

Do I have to pay a pool subcontractor my builder didn't pay?

Not on the spot, and not just because someone hands you a bill. Under Texas Property Code section 53.084(a), apart from the 10% you were supposed to reserve under section 53.101, you are not liable for money you paid the builder before you were authorized to withhold, which starts when you receive a proper notice of claim. After you receive one, you may withhold that amount from the builder (section 53.081). If you keep paying the builder anyway, and the sub secures its lien and gets a final judgment, you can be liable for those later payments (section 53.084(b)). Ask a Texas attorney how this applies to your dates and amounts.

What does a valid notice of claim look like?

Section 53.056 says it must be sent to the owner and the original contractor and be in substantially this form: date, project description or address, claimant's name, type of labor or materials, the original contractor's name, who the claimant contracted with if different, the claim amount, a contact person and the claimant's address. It may include an invoice. On a residential project it must be sent by the 15th day of the second month after the month the work or materials were provided. For a homestead, section 53.254(g) says the notice must also include or attach a statutory statement about withholding and the 10% reservation for the lien to be valid.

How long do I have to hold the withheld money?

Section 53.082 says, unless the claim is settled, discharged, bonded around, or found invalid by a final judgment, the owner keeps the withheld funds until the time to file a lien affidavit has passed, or, if an affidavit is filed, until the lien claim is satisfied or released.

Can I ask the sub to prove what it is owed?

Yes. Under section 53.159(d), within 30 days of a written request from the owner, a lien claimant must give you a copy of its written agreement, purchase order or contract and any billing, statement or payment request showing the amount claimed and the work performed. If you ask, it must also estimate the amount due for each calendar month it worked. Section 53.024 also caps a subcontractor's lien at the proportion of the subcontract price its work represents, minus payments it already received.

Is it a crime for a builder not to pay subs with my money?

Texas treats construction payments to a contractor as trust funds (Property Code section 162.001). Section 162.031 says a trustee who intentionally or knowingly or with intent to defraud diverts trust funds without first paying current or past-due obligations to the beneficiaries has misapplied them, and it lists affirmative defenses, such as using the money for the job's actual expenses. Whether that applies to a particular builder is for a court or prosecutor. An unpaid sub alone doesn't prove it.

Related: pool payment schedules & Texas lien law · how to vet a DFW pool builder · builder directory. Something wrong or out of date? Tell us. How we source claims: methodology.

A pool subcontractor says my builder didn't pay them: what to do in Texas (2026)