Texas Remodeling Contract Checklist (2026)

Use this checklist before you sign a remodeling contract for a Texas home, Dallas-Fort Worth included. Each item comes from Texas law, federal rules or the Texas Attorney General. It is not legal advice.

1. Put the scope, price, schedule and payments in writing

The Property Code §53.255 disclosure says the agreement should describe the work, the completion time and the cost. It warns that an oral promise left out of the contract may not be enforceable.

The Attorney General adds:

Name the kinds of materials, such as grade or thickness.
List what part of the job must be done before each partial payment.
Never sign a contract with blanks, and do not let anyone rush you.
Keep copies of everything you sign.

Also say who pulls the permits.

In a pre-1978 home, paid work that disturbs painted surfaces needs an EPA-certified firm (40 CFR Part 745). Jobs disturbing 6 square feet or less of paint per room inside, or 20 square feet or less outside, are exempt (§745.83). The exemption never covers window replacement, demolition of painted surfaces or restricted work practices (§745.85(a)(3)).

2. Get the disclosure statement before you sign (§53.255)

The contractor must hand it to you before you sign a residential construction contract. Among other points, its wording tells you:

The contractor may not require you to convey your property to it.
Title insurance covering subcontractor and supplier liens may be available.

3. Look for the homestead notice (§41.007)

A contract to improve your existing homestead must print this warning in at least 10-point bold type. It reads: “IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and you fail to meet the terms and conditions of this contract, you may lose your legal ownership rights in your home. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.”

Leaving it out is a deceptive act under the Deceptive Trade Practices Act. A binding arbitration clause must also be in 10-point bold type, or it cannot be enforced against you.

4. Check the homestead lien rules (§53.254 and the Constitution)

Two laws apply. For a lien on your homestead, Property Code §53.254 requires:

A written contract, signed by you and the contractor before any work or materials are supplied.
Both spouses’ signatures if you are married.
Filing the contract with the county clerk.

Texas Constitution article XVI, §50(a)(5) sets conditions before a repair or renovation debt can support a forced sale of your homestead:

The contract is in writing, with both spouses’ consent.
You do not sign until the fifth day after you apply in writing for credit for the work.
The contract lets you rescind without penalty within three days after everyone signs.
You sign only at the office of a third-party lender, an attorney or a title company.

The waiting period and rescission rules do not apply to immediate health or safety repairs you acknowledge in writing.

5. Ask for the list of subcontractors and suppliers (§53.256)

The contractor must give it to you before construction starts. It names each planned subcontractor and supplier, with address and phone number. The contractor must update it within 15 days after adding or dropping one. You can waive the list only in writing, and the waiver may not be canceled later.

6. Reserve 10 percent for 30 days (§53.101)

Hold back 10 percent of the contract price during the work and for 30 days after completion. If you do not, subcontractors and suppliers who follow the notice rules have a lien at least up to that amount (§53.105).

House Bill 2237 changed the lien rules on January 1, 2022. On residential jobs:

A subcontractor or supplier must send its claim notice by the 15th day of the second month after the month it supplied labor or materials (§53.056(a-1)(2)).
Your contractor must file any lien affidavit by the 15th day of the third month after the month its work ends (§53.052(a)(2)).
On a homestead, the claim notice must include a set statement about the reserve (§53.254(g)).

7. Confirm the construction account on homestead jobs over $5,000 (§162.006)

Your payments are trust funds. Under Property Code chapter 162, the contractor holds them for its workers and suppliers, and for you on a residential contract (§162.003).

For a written homestead contract over $5,000, the contractor must deposit your payments in a construction account at a financial institution (§162.006). It must keep project records for at least one year after completion (§162.007). Skipping the account is a Class A misdemeanor. So is misapplying $500 or more of trust funds, or a third-degree felony with intent to defraud (§162.032). The Attorney General says to write your access to the account record into the contract.

8. Get a bills-paid affidavit at final payment (§53.259)

Final payment depends on it. The contractor must swear that everyone was paid in full for labor and materials, or list each unpaid person and the amount owed. An intentionally, knowingly or recklessly false or misleading affidavit carries up to a $4,000 fine, one year in jail, or both.

The Attorney General says to inspect the finished work before you pay in full or sign a completion certificate.

9. Know the 3-day right to cancel a sale at your home (ch. 601)

You may be able to cancel. Business and Commerce Code chapter 601 covers sales over $25 that the seller solicits and you agree to away from its place of business (§601.002). You may cancel until midnight of the third business day after you sign (§601.051). For the steps, see the storm-damage scam guide.

10. Know the defect-repair steps (Property Code ch. 27)

Give the contractor a chance to repair first. Under the Residential Construction Liability Act (§27.004):

Send notice describing the defects by certified mail, return receipt requested, at least 60 days before you sue.
The contractor may inspect up to three times during the 35 days after it gets your notice.
It may make a written offer within 60 days after it gets your notice.
If the offer is unreasonable, say so in writing, with reasons, within 25 days of receiving it.
Accepted repairs are due within 60 days after the contractor gets your written acceptance.

If you reject a reasonable offer, you may recover no more than its fair market value, plus reasonable costs and attorney’s fees incurred before you rejected it (§27.004(e)).

11. Know your Deceptive Trade Practices Act rights

You can sue over a listed deceptive act you relied on, a breach of warranty or unconscionable conduct (§17.50). For knowing conduct, a judge or jury may award up to three times economic damages. A winning consumer gets court costs and reasonable attorney’s fees. Send written notice at least 60 days before you sue (§17.505). For a defect claim, chapter 27 prevails where it conflicts with the DTPA (§27.002(b)).

To vet the company, see how to check a DFW contractor. For the work itself, read about kitchen remodeling.

Is my remodeling contract void if the contractor never gave me the disclosure statement?

Section 53.255 does not say the contract is void. Section 53.255(c) says a contractor's failure to comply with the section does not invalidate a lien under chapter 53, a contract lien or a deed of trust. So the contractor's lien rights can survive a missing statement. Ask a real estate attorney what other rights you have before you stop paying or try to cancel.

Can my contractor make me pay the full price before the 30-day reserve period ends?

Section 53.101 puts the reserve duty on you, the owner. During the work and for 30 days after it is completed, you reserve 10 percent of the contract price or of the value of the work done. If you pay that money out early, a subcontractor or supplier who follows the notice rules has a lien at least up to the amount you should have reserved (§53.105). Settle the reserve and the final payment date in the contract before you sign.

What should I do if a subcontractor sends me a notice that it has not been paid?

Withhold enough from your contractor to cover the claim until the dispute is resolved. The §53.255 disclosure tells you to do this. It also says not to release the withheld money without a signed and notarized release of lien and claim from the claimant. On a homestead, the §53.254(g) statement says that, apart from the 10 percent reserve, you are not liable for amounts paid to your contractor before you got written notice of the claim. Some claims may not be valid, so ask a real estate attorney.

Does the 3-day right to cancel apply to every Texas remodeling contract?

No. Business and Commerce Code chapter 601 covers sales where the seller personally solicits you and you agree away from its place of business. Sales negotiated at a business establishment in a fixed location are exempt (§601.002). Whether the right applies when you invited the contractor to your home is unclear from the text. Ask the Texas Attorney General's consumer protection division or an attorney. For a repair debt to support a forced sale of your homestead, Texas Constitution article XVI, §50(a)(5) requires the contract to let you rescind within three days.

Do the 2022 lien law changes apply to a contract signed before 2022?

The Senate Research Center analysis of House Bill 2237 says the bill took effect January 1, 2022, and applies prospectively. It does not say how that works for a project already underway on that date. For a contract signed before 2022, ask a construction attorney which version of Property Code chapter 53 applies to your job.

Can I sue my contractor right away over a defect in my remodel?

Usually not. Property Code §27.004 requires written notice at least 60 days before you file. The exception is when you must sue sooner to stop the statute of limitations from running out, or when you raise the claim as a counterclaim. Then the contractor may inspect within 75 days and make an offer within 60 days after service. If you sue without notice and no exception applies, the court or arbitrator must abate (pause) the case if it finds, after a hearing, that the contractor is entitled (§27.004(d)).

What should a Texas remodeling contract include?