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Residential owner, Montgomery, TX

We contracted to have an addition built. We furnished many items for the project. When it was time for final payment the contractor owed us a small amount of money which we forgave. Therefore there was no final payment. We moved in, that was 2 months ago and we have not gotten any final paperwork from the contractor such as a certificate of acceptance for us to sigh or an affidavit that all bills are paid which are called for in our contract. I want to send him a waiver and release for him to sign, notarize and return to me but none of the 4 Texas forms fit my situation. What should I do since I can only use Texas forms? Thanks in advance for any help you can offer.

1 reply

Aug 21, 2020

If the project is completely finished, and all money has been paid (whether or not the last action on the project was the payment of an invoice) the waiver the most closely fits the situation is likely a final unconditional waiver. A final unconditional waiver (or unconditional waiver on final payment) is the waiver used at the completion of the project when no further payments are to be made to the contractor. This waiver notes that the contractor has been fully paid for the project, and accordingly waives all lien rights for work on the project. You can find this specific Texas waiver template here.

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