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Texas lien waiver requirements
Texas voids any lien waiver that doesn't substantially comply with the statutory forms.
Texas Property Code Chapter 53, Subchapter L (§53.281–§53.287)
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 also voids most contractual waivers of future lien rights, so you can't pre-sign waivers in the GC contract.
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 voids it. The sub can take the check and still file a lien.
Pre-contract waivers are void in Texas
Property Code §53.286 voids most contractual waivers of future lien rights with narrow exceptions. 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.
If your sub contract template includes a blanket lien waiver clause, consider rewriting it. Most Texas courts will read those clauses against you.
Common Texas mistakes
Using a generic template. §53.281 voids any waiver that doesn't substantially follow §53.284.
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
Are non-statutory Texas lien waivers enforceable?
No. Property Code §53.281 voids any waiver that doesn't substantially follow the statutory forms in §53.284.
Can a Texas sub waive lien rights in advance?
No. §53.286 voids contractual waivers of future lien rights with narrow exceptions.
Does the Texas form need notarization?
No. The Property Code does not require a notary.
Send a Texas waiver in two minutes.
The right form, the right notice, signed on a phone. Released when the check clears.
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