Under Texas law certain persons are given statutory priority liens to secure payment to them in connection with construction. These include persons who furnish labor or materials for construction and the architect, engineer or surveyor who prepares a plan or plat in connection with the proposed construction. The Bank should require the contractor or borrower to deliver to the Bank affidavits as to payment from all subcontractors, laborers and materialmen prior to the final draw on the loan. Although the original contractor is personally liable for loss if his affidavit is incorrect, as a practical matter the Bank may not be able to get the money back and the subcontractor’s liens can take priority over the Bank’s lien. Absent receipt of releases from all subcontractors the Bank should withhold disbursement of 10% of the contract price for 30 days after work is complete [TPC § 53.101].