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Is it safe for me to sign an Unconditional in order to pick up a check?

TexasLien Waivers

I've got a project in Houston with Royal America Construction. They are asking me to sign an Unconditional Progress Waiver in order for them to release the check in addition to the Conditional. Should I?

1 reply

Feb 8, 2022

Until payment is received, any waiver should be conditional.

Texas Property Code Section 53.283 states concerning Unconditional Waivers:

Sec. 53.283. UNCONDITIONAL WAIVER AND RELEASE: PAYMENT REQUIRED. A person may not require a claimant or potential claimant to execute an unconditional waiver and release for a progress payment or final payment amount unless the claimant or potential claimant received payment in that amount in good and sufficient funds.

You can review Texas Property Code Chapter 53 at the following link:

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

You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.

Good luck.

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