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Home>Levelset Community>Legal Help>Owner requires all subcontractor lien waiver, pay invoice from GC coz the bank they loan from asks for it. Is that right

Owner requires all subcontractor lien waiver, pay invoice from GC coz the bank they loan from asks for it. Is that right

TexasLien Waivers

I am with GC company, owner ask me for subcontractors' lien waiver which has nothing to do with owner or bank. I believe i only provide GC lien waiver to them. But they claim this is for bank funding release. I trying to find out which one is true.

1 reply

Jan 25, 2022

There is no law requiring lien waivers. Typically, the parties' contract will dictate whether the submission of lien waivers is a condition of payment. Most lenders do require lien waivers from both the general contractor and subcontractors as a condition of disbursing funds. On residential construction projects, the law does require a contractor to provide the owner with an Affidavit of All Bills Paid as a condition of final payment.

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