If you’ve been using or preserving your lien rights in Texas, I’m sure you’re well aware that the Lone Star State is home to some of the most challenging notice and deadline requirements in the country. So, it may seem too good to be true to hear that Texas lien waivers are relatively simple.
Texas is one of just 12 states that require lien waivers to follow statutory form. Read on for a step-by-step guide on how to fill out one of the four possible lien waiver forms used in the state: the Conditional Waiver on a Progress (also called a “Partial”) Payment.
Guide to the Texas Progress – Conditional Waiver
The Texas Progress Conditional Waiver is the safest of Texas’ lien waivers, but still, it’s important to be sure that this is the form for you. A partial conditional waiver is meant to be used with a progress payment and only waives a portion lien rights, and even then, that waiver is conditional upon receiving that payment. If you don’t want your waiver to be conditional upon the receipt of payment, or if you want the lien waiver to cover all of the project, this might not be the form for you.
First, let’s look at what isn’t there. On the Texas Partial Unconditional Waiver, there’s a specific notice that must be printed in bold, (at least) 10 pt font. That notice is not required on this Final Conditional Waiver, though. Why’s that? probably because a Partial Conditional Waiver is only effective when payment has been made. A Texas Partial Unconditional Waiver will waive rights regardless of payment.
Keep in mind: There are 4 different lien waiver forms that may be used in the state of Texas, depending on the situation. For help with the four different types of lien waivers, you should download this 4-Types of Lien Waivers Guide:
How to Fill Out the Texas Progress – Conditional Lien Waiver Form:
> Project. Which job is this waiver for? A project name or nickname should suffice, but being as specific as possible is a good rule of thumb. Use whatever is more official – and more correct!
> Job No. What’s the job number for this project?
> Maker of check. Who issued and signed the check that was given in exchange for this conditional waiver?
Payee or payees of check. Who is the check made out to? Or, who can cash or deposit the check? If made out to a company, be sure to use that organization’s name.
> Owner. This one’s pretty easy too. Who owns the project property where lien rights are being waived? Keep in mind, answering this question can get tricky when there’s a developer or apartment/condominium involved. Check out this post: How to Find the Property Owner on a Construction Project.
> Location. Where is the project located? Be sure to give a street address and to include the county and zip code. Any other identifiers could also be helpful. The more specific, the better.
> Job description. What kind of work did you perform on the project? Typically, the more specific, the better.
> Person with whom signer contracted. This one’s easy – Who hired you?
> Signature. That’d be your John Hancock.
> Date. This should be the date the document is signed.
> Company Name. What company or organization do you work for?
> Notarization. Texas is one of three states that require a lien waiver be notarized
By (w/ title). Print your name and position title, please!
Free Form Template Download is Available
REMEMBER — If you are unsure which of the 4 possible lien waiver forms you should use, then you should use this form, the Conditional Waiver and Release on Progress Payment form. It is the safest choice of the four.