Texas lien waivers, done right. Every time.

The wrong form

Texas only enforces a waiver that substantially complies with one of four statutory forms. A custom form can be worthless.

The missing waiver

One sub without a waiver is one lien on the property, even after you paid in full.

The premature signature

Nobody may require an unconditional waiver before the money actually clears. Signing one early gives away your leverage.

Tex. Prop. Code § 53.284(b)

Conditional Waiver and Release on Progress Payment

You release lien rights for this one progress payment, but only once that payment actually clears the bank. Until the money is in your account, you keep every right you have. This is the form to sign when a check is in hand but hasn't cleared.

Tex. Prop. Code § 53.284(c)

Unconditional Waiver and Release on Progress Payment

You give up lien rights for this progress payment immediately, whether or not the money ever shows up. Only sign this once the funds are already in your account. It does not release retention or work you furnish later.

Tex. Prop. Code § 53.284(d)

Conditional Waiver and Release on Final Payment

This releases everything for the job, but only when the final payment check clears the bank. Retention and any pending change orders are included once it clears.

Tex. Prop. Code § 53.284(e)

Unconditional Waiver and Release on Final Payment

This releases every lien and payment right on the job, immediately, including retention and pending change orders. There is no exceptions line on a final waiver. Sign it only after the final money has cleared.