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Do lien waivers need to have the applicable invoice attached for them to be valid?

TexasLien Waivers

For a lien waiver (conditional or unconditional) to be valid, does it need to have the relevant pay application / invoice attached? If so, is there a specific article that speaks to this being a requirement? The statement on the statutory form "The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s)." leads me to believe that this is a requirement however I wanted confirmation and to see if there are any other references I can point at showing this requirement.

2 replies

Nov 11, 2020


No, a lien waiver does not require the invoice/pay app to be attached. So long as the waiver states the amount in the invoice/pay app or references the invoice/pay app, it will suffice. There are forms for this in the statute. You will want to follow those. 

E. Aaron Cartwright III

Nov 12, 2020
The waiver does not need to have the invoice attached to it, but if it is a conditional waiver based on partial payment, it is very smart to either attach the invoice or reference what invoice(s) are being paid with that installment, so that later there is no dispute about what work was paid for and the lien released, and what work has not been paid for and can still be liened.

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