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Texas (TX)

Texas lien waiver requirements

Texas makes a lien waiver unenforceable unless it substantially follows the statutory forms or the claimant was paid in full.

Texas Property Code Chapter 53, Subchapter L (§53.281–§53.287)

Yes. Texas requires you to use the statutory lien waiver form set out in §53.281–§53.287. Substitute your own wording, or use a generic template instead, and the waiver can be challenged or thrown out when you need it to hold up.

The short version

Texas is one of twelve U.S. states that requires a specific statutory lien waiver form. Property Code §53.281 voids any waiver that doesn't substantially follow the four forms set out in §53.284. §53.286 voids contract terms that waive future lien rights, with a residential exception in §53.282 for single-family houses, townhouses, and duplexes. On commercial work you can't pre-sign waivers in the GC contract.

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At a glance

  • §53.284(b): Conditional progress
  • §53.284(c): Unconditional progress (with bold notice)
  • §53.284(d): Conditional final
  • §53.284(e): Unconditional final (with bold notice)

The four Texas statutory forms

Property Code §53.284 sets out four prescribed forms, one for each combination of conditional/unconditional and progress/final. Substantial conformance is required, and the bold notice on the unconditional forms is part of the prescribed text.

If the form deviates from the statute in a material way, §53.281 and §53.282 make it unenforceable unless the claimant was actually paid in full in good funds. Until then, the sub can take the check and still file a lien.

Pre-contract waivers: void, with a residential exception

Property Code §53.286 makes a contract term that waives the right to file or enforce a lien void as against public policy, except as §53.282 allows. On commercial work you can't have the sub pre-sign a waiver at contract execution. The lawful path is to send the right §53.284 form at each payment.

The exception: under §53.282(a)(3), a written original contract or subcontract for a single-family house, townhouse, or duplex (or land development for one) can carry a waiver made before labor or materials are provided. It does not apply to someone who supplies only material (§53.282(c)). Settlements and agreements signed after a lien affidavit is filed are also outside the form rules (§53.287).

Common Texas mistakes

Using a generic template. §53.281 makes a waiver unenforceable unless it substantially follows §53.284 or the claimant was paid in full.

Dropping the bold notice on the unconditional forms. The notice is part of the form.

Sending unconditional before the check clears. The Texas notice is written specifically to protect the claimant from doing that.

Questions

Not unless the claimant was paid in full. Property Code §53.281 and §53.284 make a waiver unenforceable unless it substantially follows the statutory forms, and §53.282 saves a statement only when the claimant actually received payment in full in good funds.

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Deep dive

Read the full Texas statute breakdown

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