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Do Subcontractors have to provide Lien Waivers in Texas

TexasLien Waivers

As a GC I have always provided Conditional and Unconditional Lien Waivers to our clients on a commercial job. There is a new job that is coming up and the client is also requesting Conditional and Unconditional Lien Waivers from our Subs, Vendors, Manufactures, and pretty much anyone who will be tied to this job per payment request. In the state of Texas, are the lien waivers required from our Subs and vendors to submit to the client in request for progress payment asides from the Final payment? Thank you.

2 replies

Mar 15, 2021
The Texas Property Code sections 53.281, et seq., list and detail Texas law for waivers and releases of liens. While waivers and releases of liens are not required by Texas law, if an owner or general contractor wants to secure them. the owner or general contractor should comply with sections 53.281, et seq. You can review those sections at the following web link: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm Good luck.
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Mar 16, 2021

Hello,

Short answer: Yes.

Reason: Anyone that does work on the project or supplies material has lien rights. The end user is merely wanting to make sure that everyone is paid. It's a fair request.

E. Aaron Cartwright
214.789.1354
Aaron@EACLawyer.com

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