Home>Levelset Community>Legal Help>Is there an unconditional lien waiver to have a contractor sign once work has been performed at a residence

Is there an unconditional lien waiver to have a contractor sign once work has been performed at a residence

TexasLien Waivers

We had a contractor replace the roof on our house and it was through an insurance contract versus an estimate given (this was considered void once it became an insurance claim), we are not comfortable with the way the contractor is asking for final funds stating it is not money out of our pocket but insurance funds paid to us. We would feel safer asking them to sign an unconditional lien waiver at the final payment.

1 reply

Nov 21, 2018

Texas is one of the 12 states with statutory lien waiver forms. The specific form templates themselves are set forth in Texas statute (§ 53.284). There is specific language that must be contained in the waiver, and, in Texas, the waiver should be notarized.

You can fill out a Texas unconditional final lien waiver here: https://www.zlien.com/lien-waivers/texas-final-unconditional-lien-waiver/

Or, the template itself, as set forth by Texas statute, is as follows: “NOTICE:

This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form.

UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

Project ___________________
Job No. ___________________
The signer of this document has been paid in full for all labor, services, equipment, or materials furnished to the property or to ___________________ (person with whom signer contracted) on the property of ______________________ (owner) located at ______________________ (location) to the following extent: ______________________ (job description). The signer therefore waives and releases any mechanic’s lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer’s position.

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.

0 people found this helpful

Helpful