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Home>Levelset Community>Legal Help>I am writing a Conditional lien waiver and have a few questions -- i used a Levelset templete but made a few alterations

I am writing a Conditional lien waiver and have a few questions -- i used a Levelset templete but made a few alterations

TexasLien Waivers

1. customer asked for the following changes and want to verify by changing this wording it will still be fine. Where it states:  …that the signer has on the property of Texas Dept of Transportation. located at 3513 Comsouth Or. Austin. Texas 78744 to the following extent. Traffic control Barrier and Accessories. And,  This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to J.D. Abrams, L.P. I think there might be a slight conflict with these two statements. The first specific to barrier and accessories and the second to for all materials and equipment. We leased and returned barrier from a yard here locally. And we leased a barrier transfer machine that was shipped from, and returned to California. Can you make the first part something like:  …that the signer has on the property of Texas Dept of Transportation. located at 3513 Comsouth Or. Austin. Texas 78744 to the following extent: All traffic control Barrier and Accessories, and all Equipment included as part of the above referenced contract. My second question below -- does this mean JD Abrams is the signer? The signer warrants that the signer has already paid or will use the funds received from this final 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 up to the date of this waiver and release. Question 3, Do i put JD Abrams here? Signature [Project Location Name]

3 replies

Jun 18, 2020
Texas is one of the few states that requires specific lien waiver forms. Those forms can be found at § 53.284 of the Texas property code, which states: "A waiver and release given by a claimant or potential claimant is unenforceable unless it substantially complies with the applicable form..." There isn't much guidance on what is considered substantial compliance with a waiver, so altering the Texas mechanics lien waiver forms is generally not a good idea. But, if you do decide to take that course, consulting one of these Texas construction lawyers would be useful for help drafting edits: Find a Texas Construction Lawyer. Finally, regarding filling out the form: Levelset has articles which should be useful guides when filling out your lien waivers. Here are the guides for the two Texas conditional waivers: (1) Guide to Texas’ Conditional Lien Waiver — Progress Payment [Free Download]; and (2) Guide to Texas’ Conditional Lien Waiver — Final Payment [Free Download].
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