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How can I use a Texas lien waiver for credit card payments

TexasLien Waivers

I have a customer that is out of state and wants a roof installed on a home. He wants to make payment using a credit card. 50% upfront and 50% before we start second phase. I would like to use a Texas Conditional lien waiver for progress and for payment of final before the job is complete. I'm concerned the Texas Construction Association lien waiver forms state check payments. What can i or should I do in this circumstance?

1 reply

Mar 20, 2020
Texas lien waivers are restricted to statutory forms, and those forms do contemplate payment by check. However, the Texas Property Code doesn't strictly prohibit all edits - and as long as the waivers aren't substantially changed from what's provided in statute, then Texas waivers will generally still be effective. Of course, it's important that changes remain as minimal as possible. It's also worth noting that if the work isn't being done in Texas, then Texas lien waivers won't strictly be required. So, in that case, the waivers could be edited however the parties see fit. It sounds like this may be a reposting of a similar question, and you can find further discussion on this specific issue here: How do I exercise a Texas conditional lien waiver? Finally, below are some other resources on Texas lien waivers that might be helpful here. - Texas Lien Waiver Forms & Guide – All You Need to Know - Guide to Texas’ Conditional Lien Waiver — Final Payment [Free Download] - Guide to Texas’ Conditional Lien Waiver — Progress Payment [Free Download] - Texas Lien Waivers | Common Mistakes and How to Avoid Them
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