Texas lien waiver forms: which one to use and when

The four Texas forms

How closely you must follow them

Section 53.284(a) says a waiver and release “is unenforceable unless it substantially complies with the applicable form.” Section 53.281(b) sets the three conditions for a waiver to release the owner, the property, the contractor and a payment bond surety: it substantially complies with one of the forms, it's signed by the claimant or the claimant's authorized agent, and for a conditional release, evidence of payment exists.

Section 53.286 voids any other agreement to waive lien rights, with the exceptions in § 53.282 and three agreements § 53.287 exempts: an accord and satisfaction of an identified dispute, an agreement about a pending lawsuit or arbitration, and an agreement signed after a lien affidavit is filed or a bond claim made.

Conditional vs unconditional in Texas

The conditional forms name the maker of the check, the amount and the payee, and become effective only “when the check has been properly endorsed and has been paid by the bank on which it is drawn.” Each tells the recipient to “verify evidence of payment to the signer” before relying on it.

Texas protects claimants from being pushed into the unconditional form. Under § 53.283, no one may require a claimant to sign an unconditional waiver for a payment amount unless the claimant has received that amount “in good and sufficient funds.” The unconditional forms must open with this notice, in bold type at least as large as the largest type in the document and no smaller than 10-point:

Progress vs final

• Progress forms tie to paperwork, not a date. They cover work “as indicated in the attached statement(s) or progress payment request(s),” so attach the pay request the waiver covers.
• Progress forms keep “unpaid retention, pending modifications and changes, or other items furnished.”
• Final forms release everything for the work furnished to the property or to the person you contracted with. There's no line for disputed claims, so settle those, or get a separate written agreement, before you sign.
• All four forms include a warranty that you've paid, or will promptly pay, your own laborers, subcontractors, materialmen and suppliers.

Notarization: gone since 2022

Before 2022, § 53.281(b)(2) required a waiver to be “signed by the claimant or the claimant's authorized agent and notarized.” House Bill 2237 struck “and notarized,” effective January 1, 2022. The change applies only to original contracts entered into on or after that date. Work under an older original contract is still governed by the old law, so a waiver on that job still needs a notary.

For new work, the forms end with Date, the company name, “By” and the signature, and a title line. Texas's Uniform Electronic Transactions Act says “If a law requires a signature, an electronic signature satisfies the law” (Business and Commerce Code § 322.007(d)), so the claimant or an authorized agent can e-sign. Where an older contract still needs notarization, Texas commissions online notaries under Government Code chapter 406. See Texas e-signature law.

Bills-paid affidavits

Waivers often travel with a bills-paid affidavit. Under § 53.085, anyone who furnishes labor or materials must, on request and as a condition of payment, give an affidavit that they've paid their own subs, laborers and suppliers in full, or list who's still owed. The affidavit can include a conditional waiver under subchapter L. An intentionally, knowingly or recklessly false or misleading statement in one is a misdemeanor, and the signer is personally liable for losses it causes.

Common Texas mistakes

• Using a pre-2022 form with a notary block on a new job. It's not wrong to notarize, but it's no longer required, and outdated forms can differ in other ways.
• Skipping the notary on an old contract. Pre-2022 original contracts still follow the old rule.
• Not attaching the pay request. The progress forms describe the work by the attached statement.
• Signing a final waiver with disputes open. The final forms have no disputed-claims carve-out.
• Giving in to a demand for an unconditional waiver before payment. Section 53.283 prohibits that demand.

Sending Texas waivers with SignMaster

1. 1

   Build the current forms

   Type the four forms from § 53.284, with the bold notice at the top of both unconditional forms, and upload each with New template.

2. 2

   Attach the pay request

   Add the pay application to the same envelope as the progress waiver, so the signed PDF holds both. An envelope can carry several documents.

3. 3

   Fill the blanks as fields

   Project, job number, maker of check, amount, payee, owner, location, job description and the person you contracted with become text fields; add Signature, Company and Date signed fields and a text field for the title.

4. 4

   Send the pair

   Conditional with the pay request, unconditional once good funds arrive. The certificate of completion records who signed, when, and from which email and IP address.