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Can you exercise a lien waiver in texas using a credit card,

TexasLien Waivers

I have a client out of state and he wants a roof installed for a house he is buying to flip. He has asked if we will except a credit card for payment. Im looking at the Texas Construction Associations lien waiver forms and it clearly states payment by check. I only assume this document cannot be altered if the statue was written for payments in the form of a check. Are we able to contract a conditional lien waiver to customer if they are using a credit card for payment?

2 replies

Mar 18, 2020
In Texas, whatever form is used need only "substantially comply" with the statutory language for these forms. However, if the customer is out of state, I would suggest complying with the release requirements of the state where the roofing work is being performed. -Texas construction attorney
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Mar 19, 2020
You will need to ask an attorney in the state the property is located.
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