A lien waiver is used by a lien claimant or potential claimant to forfeit his or her right to a lien upon a progress payment or final payment. The waiver can be conditional, meaning that the payment must clear the bank before the lien is released, or unconditional, meaning the lien is released upon the recording of the waiver regardless of whether or not the claimant is ever actually paid.
A waiver and release given by a claimant or potential claimant is unenforceable unless it substantially complies with the applicable form described in Sec. 53.284 of the Texas Property Code.
The four types of lien waivers in the State of Texas include:
- Conditional Waiver and Release on Progress Payment;
- Unconditional Waiver and Release on Progress Payment;
- Conditional Waiver and Release on Final Payment; and
- Unconditional Waiver and Release on Final Payment
Let's say a contractor finishes work on a project where she recorded a lien. The owner wants the lien released, and writes a check for the full amount of the balance due. The contractor offers a conditional waiver and release on final payment, which protects her interests in case the bank refuses to honor the check. As long as the check is good, the lien gets released. Otherwise, the claimant retains the lien until the responsible party finds another way to pay the bill.
Under Sec. 53.284(d), if a claimant or potential claimant is required to execute a conditional waiver and release in exchange for or to induce the final payment, the waiver becomes valid ONLY AFTER payment in good and sufficient funds, meaning that a single or joint payee check must clear the bank on which it's drawn.
The document identifies the parties, the project, the work and/or materials provided, and relevant dates and payment amounts. Sign it in front of a notary and submit it to the local recording office.
In summary, a lien waiver is an important tool, but take care to use the proper form. The wrong choice can lead to a loss of lien rights before receiving payment. Each case is unique, and Texas lien law can be complicated. Contact an attorney for complex situations, with questions about waivers, or any other issues related to mechanic's liens.
Deeds.com Texas Conditional Waiver and Release on Final Payment Forms Have Been Updated as Recently as Thursday January 10, 2019
What others like you are saying:
Christine A. said: So far do good. Don't understand the billing procedure yet and have just sent a request for information. Awaiting reply. Thank you, Christine Alvarez
Reply from Staff
Thanks for the feedback. Looks like your E-recording invoice is available. It takes a few minutes for our staff to prepare documents for recording and generate the invoice.
Ron D. said: No choice since the county does not seem to provide info you supplied.
Reply from Staff
Thank Ron, have a great day!
Teri B. said: Glad to have all of the helpful extra information, even though they don't answer all questions for all situations. So, I accessed public records and asked questions at the auditor's office. Also, on my Mac computer, filling out the actual deed form is a challenge because the screen jumps to the last page everytime I try to type a few letters or hit the return key, so I'm rollling back up to the first 2 pages after most keystrokes. A bit annoying. Overall, happy to have these form options are available! There is really no need to wait and pay for an attorney when all the information needed is available via public records. Fill in the blanks!
Reply from Staff
Thanks so much for the feedback Teri. There are known issues between Adobe and Mac, we try to work around them as much as possible. Have a wonderful day!
Select County where the property is located.