Texas lien waiver
Texas prescribes the wording of its lien waivers in Tex. Prop. Code §§ 53.281–53.284. The generator prints the statutory text and fills only the blanks, so the waiver is the one the payer's accounting department expects to see.
Conditional waiver on progress paymentTex. Prop. Code § 53.284(b)Unconditional waiver on progress paymentTex. Prop. Code § 53.284(c)Conditional waiver on final paymentTex. Prop. Code § 53.284(d)Unconditional waiver on final paymentTex. Prop. Code § 53.284(e)
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What Texas requires
- Form
- A waiver is unenforceable unless it substantially complies with the statutory form. Notarization has not been required since January 1, 2022.
- Notary
- Not required; the statutory form has no notary block.
- Statute
- Tex. Prop. Code §§ 53.281–53.284
Texas lien waiver FAQ
Yes. A waiver is unenforceable unless it substantially complies with the statutory form. Notarization has not been required since January 1, 2022. (Tex. Prop. Code §§ 53.281–53.284)
A conditional waiver takes effect only when the payment it names actually clears; if the check bounces, the lien rights survive. An unconditional waiver takes effect the moment it is signed, whether or not the money ever arrives. Sign an unconditional waiver only after the funds have cleared; sign a conditional one to get the payment released.
A progress waiver releases rights for work through a stated date, for a stated payment, and keeps retainage, unpaid extras and later work. A final waiver releases everything on the job except disputed claims you list. Use progress waivers with each pay application and the final waiver with the last check.
No. The statutory form has no notary block, and adding one changes the form; leave it off unless the payer insists in writing.
General contractors with every pay application, owners and their lenders before releasing funds, title companies before a sale or refinance closes, and mortgage servicers before endorsing an insurance claim check. Each wants proof that paying you does not leave a lien on the property.
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