Texas Construction Lien Waiver and Release (2026)

Conditional or unconditional lien waiver for a progress or final payment, using your state's statutory form and mandated warning language where the law prescribes one.

Updated September 2026≈ 4 minReviewed against Tex. Prop. Code § 53.284 · Tex. Prop. Code §§ 53.282 · Tex. Prop. Code ch. 53

State:EN ES RU 中文 UZ

Free to fill & preview · $9 PDF + WordBlank PDF (free, no account)

View larger

What you'll get

Sample first page of the Construction Lien Waiver and Release. Your answers fill in the blanks; the clauses required in Texas are added automatically.

PDF
Word
Print

This preview updates as you type. Blank fields show as ____ .

What this document covers

Conditional or unconditional, progress or final
Your state's statutory form where one is prescribed
The exact warning language the statute mandates
Claimant, customer and owner identification
Project name, job location, city and county
Job number and payment application number
Amount of the payment and the through date
Check maker, payee and payment reference
Retention, disputed claims and other exceptions
Notary acknowledgment where your state requires it

Texas rules that this document follows

Statutory waiver form	Required — Tex. Prop. Code § 53.284Source: Tex. Prop. Code § 53.284
Notarization	Not required by statute; notarizing is optionalSource: Tex. Prop. Code § 53.284
Advance waiver	Void — 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.Source: Tex. Prop. Code §§ 53.282(a)(3), 53.286
Governing lien statute	Tex. Prop. Code ch. 53 (mechanic's, contractor's or materialman's lien)Source: Tex. Prop. Code ch. 53 (mechanic's, contractor's or materialman's lien)
Unconditional waiver without payment	A person may not require a claimant to execute an unconditional waiver and release for a progress or final payment amount unless the claimant received that amount in good and sufficient funds.Source: Tex. Prop. Code § 53.283
Retention	The statutory progress-payment forms except unpaid retention, pending modifications and changes and other items furnished.Source: Tex. Prop. Code § 53.284(b)-(c)
Required warning text	An unconditional waiver must carry the statutory notice at the top of the document in bold type at least as large as the largest type used in the document and not smaller than 10-point type.Source: Tex. Prop. Code § 53.284(c)(1), (e)(1)

Rules current as of 2026-09-14. Statutes change; verify before relying on them.

How to use this Construction Lien Waiver and Release in Texas

In Texas 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.

Frequently asked questions

Does Texas have a required lien waiver form?

Yes. Texas prescribes a statutory waiver form (Tex. Prop. Code § 53.284), and a waiver that does not substantially follow it can be unenforceable. This template reproduces that form and its mandated notice language.

What is the difference between a conditional and an unconditional lien waiver?

A conditional waiver only takes effect when the payment it names actually clears the bank, so it is safe to sign and hand over at the same time as your invoice. An unconditional waiver takes effect the moment you sign it and is enforceable against you even if you are never paid. Send conditional waivers with pay applications; sign unconditional ones only after the funds have settled.

Can I be asked to waive lien rights before I start work?

No. 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) A waiver signed before the labor, services or materials are furnished does not bind you.

Does a lien waiver have to be notarized in Texas?

No. No statute requires notarizing a lien waiver in Texas. Notarizing is optional and simply adds proof that the signature is genuine.

What happens to my retention and change orders?

A progress waiver should never release retention or pending change orders. List the retention amount and any disputed extras in the exceptions so they survive the waiver. Watch out for fully executed written change orders: in several states they are released automatically unless you list them as an exception.

What if I sign an unconditional waiver and the check bounces?

That is the whole risk of an unconditional waiver: in most states it is enforceable against you the moment you sign, whether or not the money arrives. Use a conditional waiver until the funds have actually settled in your account.

Other names

lien waiver
conditional lien waiver
unconditional lien waiver
waiver and release of lien
partial lien waiver
final lien waiver
mechanics lien waiver
construction lien release
progress payment lien waiver
contractor lien release

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.