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 reaches an agreed-upon point a project where she previously recorded a lien. The owner wants the lien released up to that point, and writes a check for the amount due on the work completed. The contractor offers a conditional waiver and release on progress 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 up to the date of the progress payment. Otherwise, the claimant retains the lien rights until the responsible party finds another way to pay the bill.

Under Sec. 53.284(b), if a claimant or potential claimant is required to execute a conditional waiver and release in exchange for or to induce a progress 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 decision 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.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— ANGELA S.

"My E-deed was not excepted by the county, so I had to snail mail the documents to the recorders offi…"

— HELENA M.

"Quick, super easy and very reasonable charge!!"

— Pat A.

"I was impressed that the forms were easy to read and the directions were helpful. Thank you for prov…"

— Gordon J.

"The experience was generally very satisfactory. I was able to fill out the Trust Deed and send it vi…"

— Soledad T.

"It's Great!!!"

Common Uses for Conditional Waiver and Release on Progress Payment

Protect a contractor's right to payment for work performed
Establish priority of a construction lien on a property
Establish a legal claim against property for unpaid labor
Protect payment rights for electrical, plumbing, or HVAC work
Protect a supplier's right to payment for delivered materials
Secure payment for materials supplied to a construction project
Release a mechanic's lien after receiving full payment

Compare other Texas deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Transfer on Death Deed Transfer on Death Revocation Enhanced Life Estate Deed Easement Deed Termination of Easement Executor Deed Administrator Deed Texas Affidavit of Heirship Trustee Deed Certificate of Trust Disclaimer of Interest Mineral Deed Mineral Quitclaim Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our conditional waiver and release on progress payment forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

Back to Texas Forms