Texas Lien Waiver Guide
Texas requires statutory lien waiver forms. Non-compliant waivers may be void and unenforceable.
Key Information
Waiver Type
Statutory
Filing Deadline
15th day of the 3rd month for subcontractors; 15th day of the 4th month for original contractors, from last furnishing
Notice Requirements
Subcontractors and suppliers must send preliminary notices: Monthly notices required for unpaid amounts.
Key Statutes
Tex. Prop. Code §53.001 et seq.; §53.281-53.284 (waiver forms)
Waiver Types in Texas
Conditional Waiver on Progress PaymentRequired
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress PaymentRequired
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final PaymentRequired
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final PaymentRequired
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
Texas Lien Waiver Rules
Texas mandates statutory lien waiver forms under the Property Code. Four forms are required: conditional/unconditional for progress and final payments. Any waiver not substantially complying with the statutory form is void and unenforceable. Texas is one of the strictest states for lien waiver compliance. Monthly notice requirements for subcontractors add complexity.
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