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What type of notice can be sent if our client is not signing the waivers for payment release in a timely manner?

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client needs to sign waiver for release of payments. there is previous issues with another debtor of his which is why this is being prolonged and invoice are now past due. what can i send besides email after email to have him sign this faster. in most cases with factoring we can sign for the client but with this debtor they do not allow it

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Jan 28, 2020

Texas' mechanics lien statute doesn't create any specific, affirmative requirement for a sub or supplier to provide a lien waiver. Rather, the requirement to provide waivers in exchange for payment is usually set out in the contract, or it's an understood thing between the parties. In other words, there's nothing in the Texas Property Code that forces a sub or supplier to provide a lien waiver. Though, most subs and suppliers understand that their refusal to provide a waiver could affect their ability to get paid (and, it's generally a good idea to submit waivers to facilitate payment). It doesn't make much sense for a client to refuse to sign a conditional lien waiver. But, if they're being requested to sign an unconditional lien waiver before being paid, then it makes all the sense in the world that they'd refuse to sign the waiver. What's more, demanding an unconditional waiver before payment is made is actually illegal in Texas under Texas Property Code § 53.283. So, if it's an unconditional lien waiver that's being required, it might be helpful to instead request a conditional lien waiver and to communicate that with the client. Ultimately, though, if waivers are being properly requested and a client is moving slow, it might be possible to pressure them into timely submitting their waiver so that it doesn't hold up cash flow on the job. Repeatedly calling, emailing, and requesting the lien waiver may be a good start. Or, if their refusal to provide a waiver is slowing down payment for others, informing them of that fact could help. But, the best way forward may well be to get them on the phone and discuss the matter to come to a mutual understanding. For further discussion on Texas lien waivers, the below resources might provide some value: - Texas Lien Waivers Guide and FAQs - Texas Lien Waiver Forms & Guide – All You Need to Know

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