In Texas, the Final Unconditional Lien Waiver is used at the end of a project, after payment has already been received. In this article, we explain each section of the form, what it means, and how to fill it out.
Texas may have the most frustrating notice requirements in the country, but Texas waivers are actually pretty simple. According to Texas lien waiver rules, the language of waivers is controlled by statute. That means that a Texas waiver is less likely to contain any deadly clauses that can mess with your lien rights.
But it’s a good idea to give any waivers you distribute or sign a careful look through before the lien waiver is submitted. With that, let’s take a look at the Texas Unconditional Waiver for a Final Payment.
Guide to the Texas Final Unconditional Lien Waiver
Before getting into the nuts and bolts, it’s important to be sure that you’re using the right waiver. A Final Unconditional Waiver is appropriate when all work has been completed and all payments have been waived.
Thus, the Final Unconditional Waiver should really be the final closeout of the job. If not all payments have been received or not all work has been done, a Final Conditional Waiver, Progress Conditional Waiver, or Progress Unconditional Waiver might be more appropriate. [See the free resource available for help with this.]
Free form download
Download the Unconditional Waiver and Release on Final Payment form, prepared by construction attorneys to meet the statutory requirements.
How to fill out the form
At the very top of this form must read a notice, which is prescribed by § 53.284(e)(1) of the Texas Property Code. There’s really no wiggle room here. The required language is set out by statute, and it must appear at the top of the document, printed in bold type at least as large as the largest type used in the document, but not smaller than 10-point type.
> Project. What job is this waiver for? If there’s a project name or nickname, that should go here. Use whatever the more official (and correct!) title applies.
> Job. No. What’s the job number for this project?
> Person with whom signer contracted. This one’s easy – Who hired you?
> 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.
> Job description. What kind of work did you perform on the project? Typically, the more specific, the better.
> 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*
*Note: For projects starting on or after 1/1/22, lien waivers will no longer be required to be notarized
> By (w/title). Print your name and position title, please.
Texas rules for mechanics liens and notices are subject to major changes in 2022.
The information on this page has already been updated to reflect the new rules.
Texas Lien Waiver Links
As we mentioned above, there are 3 different lien waiver forms available for use by the construction industry in Texas, and this form is just one of those.
Check out our guides to the other three:
- Texas Unconditional – Progress Payment Guide
- Texas Conditional – Final Payment Guide
- Texas Conditional – Progress Payment Guide