Texas's lien waiver law
Texas sets four forms. A waiver and release is unenforceable unless it substantially complies with the applicable form. The forms below are copied word for word from Texas Property Code section 53.284, read on 2026-10-09. Blank lines in the statute are shown as underscores.
Which form to use
| Form | Use it for |
|---|---|
| Conditional waiver and release on progress payment | Asking for a progress payment that has not cleared yet |
| Unconditional waiver and release on progress payment | A progress payment that is already in your account |
| Conditional waiver and release on final payment | Asking for the final payment, not yet cleared |
| Unconditional waiver and release on final payment | The final payment is already in your account |
Pick the form in the generator above, type your details after each label, and print it. Keep a copy of every waiver you sign.
Conditional waiver and release on progress payment
Conditional waiver and release on progress paymentCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
Project __________
Job No. __________
On receipt by the signer of this document of a check from __________ (maker of check) in the sum of $__________ payable to __________ (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release 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 that the signer has on the property of __________ (owner) located at __________ (location) to the following extent: __________ (job description).
This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to __________ (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished.
Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer.
The signer warrants that the signer has already paid or will use the funds received from this progress 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 in regard to the attached statement(s) or progress payment request(s).
Date __________
__________ (Company name)
By __________ (Signature)
__________ (Title)
Unconditional waiver and release on progress payment
Unconditional waiver and release on progress paymentNOTICE:
UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
Project __________
Job No. __________
The signer of this document has been paid and has received a progress payment in the sum of $__________ 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 that the signer has on the above referenced project to the following extent:
This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to __________ (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished.
The signer warrants that the signer has already paid or will use the funds received from this progress 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 in regard to the attached statement(s) or progress payment request(s).
Date __________
__________ (Company name)
By __________ (Signature)
__________ (Title)
Conditional waiver and release on final payment
Conditional waiver and release on final paymentCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
Project __________
Job No. __________
On receipt by the signer of this document of a check from __________ (maker of check) in the sum of $__________ payable to __________ (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release 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 that the signer has on the property of __________ (owner) located at __________ (location) to the following extent: __________ (job description).
This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to __________ (person with whom signer contracted).
Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer.
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.
Date __________
__________ (Company name)
By __________ (Signature)
__________ (Title)
Unconditional waiver and release on final payment
Unconditional waiver and release on final paymentNOTICE:
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.
Date __________
__________ (Company name)
By __________ (Signature)
__________ (Title)
Texas lien filing deadline
Original contractor: by the 15th day of the fourth month after the month the work was completed, terminated or abandoned, or the third month on a residential project. Others: the 15th day of the fourth month after the month of last labor or materials, or the third month on a residential project. (Texas Property Code 53.052). A waiver does not stop this clock. See deadlines in every state.
Before you sign
This page is general information, not legal advice. The forms are the words of the statute as published by the state; laws change, so check the current code, and ask a construction attorney in Texas about anything unusual.
Sources: Texas Property Code section 53.284, checked 2026-10-09; Texas Property Code 53.052, checked 2026-10-09.