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Does the wording "In consideration of the sum of..." mean it's an unconditional waiver?

Texas

We receive many unconditional waivers to sign before they will release payment, which I believe in incorrect. However, if the waiver does not state whether it is conditional or unconditional, I am trying to figure out if the wording of the waiver will tell me which it is. Many of the waivers have the wording "The undersigned lienor, in consideration of the sum of hereby waives and releases it's lien and right to claim lien through ". Would this be an unconditional waiver?

1 reply

Nov 23, 2021

The permissible forms for waivers is set out in Texas Property Code Section 53.284. You can review that section at the following web link:

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm

Your wording sounds conditional, but the interpretation may depend on the rest of the form.

Retain a construction attorney to evaluate your legal situation, and to provide advice.

Good luck.

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