Construction Lien Waiver and Release

How to use this Construction Lien Waiver and Release in US

In your state the waiver form is set by statute (Tex. Prop. Code § 53.284). Pick the variant that matches the payment — conditional or unconditional, progress or final — and this template prints that statutory form with the exact notice language the law requires. A waiver that departs from the prescribed form can be thrown out, which is why the wording here is reproduced rather than rewritten.

Fill in the amount exactly as it appears on the check or pay application. You give up lien rights only up to that amount, so a mismatch is money left on the table. Set the through date to the last day of work this payment covers, and list retention, disputed extras and anything else you are keeping alive in the exceptions section before you sign.

Do not sign a waiver before the work is furnished: Any contract, agreement or understanding purporting to waive the right to file or enforce a lien or claim under chapter 53 is void as against public policy, except a waiver in a written original contract or subcontract for a single-family house, townhouse or duplex made before labor or materials are provided. (Tex. Prop. Code §§ 53.282(a)(3), 53.286) Notarization is optional here, but keep a signed copy and send the waiver by a method that leaves a record.

Track the paperwork. Send conditional waivers with every pay application, and only release an unconditional waiver once the funds have cleared your bank. If payment is late, a mechanics lien has its own short deadline — do not let the waiver paperwork distract you from it.