E. W. Hayek, Petitioners v. Western Steel Company, Respondents

Summary

The Texas Supreme Court affirmed that owner‑builders are liable under Article 5469 to retain ten percent of the total cost or value of the entire building, not merely ten percent of each separate contract, and that interest on the lien claims accrues from the thirty‑first day after completion of the building. Justice Walker dissented, arguing that the retainage should be measured separately for each original contract.