If you're looking for a lien waiver form Texas will actually enforce, here's the short version: you don't get to write your own. Texas sets out four statutory waiver and release forms, and a waiver of lien or bond rights is unenforceable unless it substantially complies with one of them (Tex. Prop. Code §§ 53.281, 53.282, 53.284). That protects you, as long as you sign the right form at the right time.
Quick answer: Sign a conditional waiver when you're handed a check that hasn't cleared. Sign an unconditional waiver only after the money is actually in your account. Use the progress forms for partial payments and the final forms only for the last payment on the job. No one can require you to sign an unconditional waiver until you've been paid in good and sufficient funds (§ 53.283).
The four Texas waiver and release forms
| Form | Use it when | What it gives up | Statute |
|---|---|---|---|
| Conditional Waiver and Release on Progress Payment | You're getting a progress payment by check that hasn't cleared | Rights through the date on the form, but only once the check is paid. Unpaid retention, pending changes and other items are carved out | § 53.284(b) |
| Unconditional Waiver and Release on Progress Payment | The progress payment is already in your account | Rights for the work covered by the sum paid, effective when signed. Retention and pending changes are still carved out | § 53.284(c) |
| Conditional Waiver and Release on Final Payment | You're getting the final check, and it hasn't cleared | All lien and bond rights on the job, once the check is paid | § 53.284(d) |
| Unconditional Waiver and Release on Final Payment | The final payment has cleared | All lien and bond rights on the job, effective when signed | § 53.284(e) |
Conditional vs. unconditional
A conditional waiver only works if you actually get paid. It names the check (maker, amount and payee) and is conditioned on that check being paid. Texas says a conditional release only releases rights if evidence of payment to the claimant exists (§ 53.281(b)(3)). The conditional forms also tell anyone relying on them to verify evidence of payment first. If the check bounces, the waiver doesn't take effect.
An unconditional waiver is effective the moment you sign it, paid or not. That's why the statute requires a bold notice at the top of both unconditional forms, at least as large as the largest type on the page and never smaller than 10-point. It warns that the document "waives rights unconditionally," that it's prohibited to require you to sign it if you haven't been paid, and that if you haven't been paid you should use a conditional form (§ 53.284(c), (e)).
Progress vs. final
The progress forms are for partial payments during the job. They cover rights through a stated date and carve out unpaid retention, pending modifications and changes, and other items furnished. That carve-out is what keeps your retainage and open change orders protected.
The final forms have no carve-out. Sign one and you're saying you've been paid everything on the job. Don't sign a final waiver while retainage, change orders or extras are still unpaid. If the GC insists on a final form before releasing retainage, use the conditional final form tied to the specific check.
The rule that protects you: no unconditional waiver before payment
A person may not require a claimant to sign an unconditional waiver and release for a progress or final payment unless the claimant has received that payment in good and sufficient funds (§ 53.283). In plain terms, nobody can make you sign the unconditional form against a promise, a check in the mail, or a check that hasn't cleared. When a GC says "sign this and we'll cut the check," the answer is the conditional form.
What goes on the form
Every statutory form has blanks for the project, job number, owner, job location, a description of the job, the person you contracted with, the date, your company name, who's signing and their title. The conditional forms add the check maker, the check amount and the payee. The unconditional progress form adds the sum paid. Fill in every blank. A half-blank waiver is an argument waiting to happen.
The waiver must be signed by you or your authorized agent (§ 53.281(b)(2)). For original contracts entered into on or after January 1, 2022, it no longer needs to be notarized. Older contracts were under the prior rule, which required notarization.
Waivers buried in your contract
As a general rule, an agreement that waives your right to file or enforce a lien is void as against public policy (§ 53.286). So a subcontract clause that says "sub waives all lien rights" generally doesn't hold up. There's one exception to know about: a waiver in a written original contract or subcontract for a single-family house, townhouse or duplex (or the land development for one), made before any labor or materials are provided, can be enforceable. That exception doesn't apply to material-only suppliers (§ 53.282(a)(3), (c)).
When the forms don't apply
The statutory form rules don't cover every release. They don't apply to a written settlement of an identified dispute, an agreement in a pending lawsuit or arbitration, or an agreement signed after the lien affidavit has been filed or the bond claim made (§ 53.287). Once a lien is on record and you get paid, you're dealing with a lien release instead: after payment in collected funds, you owe a recordable release within 10 days of a written request (§ 53.152).
Common mistakes
- Signing an unconditional waiver to "get the check released"
- Signing a final waiver while retainage or change orders are still open
- Using an out-of-state or homemade form instead of the Texas statutory form
- Leaving the payment amount or through-date blank
- Not keeping copies of every waiver you sign, with the check it matched
Still owed money after signing a waiver for less than the full amount? A waiver releases rights only for what it covers. Your remaining balance can still be pursued. See our Texas mechanics lien guide for deadlines, or construction collections if the lien window has closed.
Frequently asked questions
What are the four Texas lien waiver forms?
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 (Tex. Prop. Code § 53.284).
Do Texas lien waivers have to be notarized?
Not for original contracts entered into on or after January 1, 2022. The waiver must be signed by the claimant or an authorized agent and substantially follow the statutory form (§ 53.281).
Can a GC make me sign an unconditional waiver before I'm paid?
No. No one may require an unconditional waiver until you've received the payment in good and sufficient funds (§ 53.283). Use the conditional form instead.
Does a progress waiver give up my retainage?
No. The statutory progress forms carve out unpaid retention, pending modifications and changes, and other items furnished. The final forms do not.
Is a lien waiver in my subcontract enforceable?
Generally no. Agreements waiving lien rights are void (§ 53.286), except for certain written contracts on single-family houses, townhouses and duplexes signed before work starts (§ 53.282).
This article is general information, not legal advice. LevelSet Collections is not a law firm. Texas rules cited are from Texas Property Code Chapter 53 as amended by HB 2237, for original contracts entered into on or after January 1, 2022; older contracts may follow the prior rules. Source: Tex. Prop. Code ch. 53. Lien laws are constantly changing. Contact us for the most up-to-date information.
Need a lien release after you're paid?
We prepare and record lien releases, $199 to $500 including recording. Call (469) 694-8003.
