Lien waiver · Texas

Texas lien waiver forms: the 4 statutory forms (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

Texas prints four waiver and release forms in Tex. Prop. Code § 53.284: a conditional and an unconditional form for a progress payment, and a conditional and an unconditional form for a final payment. The forms are mandatory: a waiver and release is unenforceable unless it substantially complies with the applicable form. No notarization is required.

Texas · Lien waiverVerified 2026-09-29
Statutory forms
4
Force
Mandatory
Notarization
Not required
No notarization; the forms end with a date, company name, signature and title.
Text as of
2026-09-29

Conditional waiver and release on progress payment

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framingandfigures-texas-conditional-waiver-progress-payment.docx

"CONDITIONAL 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)"
Tex. Prop. Code § 53.284(b) · Official text · retrieved 2026-09-29

Unconditional waiver and release on progress payment

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framingandfigures-texas-unconditional-waiver-progress-payment.docx

The statute's text
(1) contain a notice at the top of the document, printed in bold type at least as large as the largest type used in the document, but not smaller than 10-point type, that reads: "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."; and (2) below the notice, read: "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)"
Tex. Prop. Code § 53.284(c) · Official text · retrieved 2026-09-29

Conditional waiver and release on final payment

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framingandfigures-texas-conditional-waiver-final-payment.docx

"CONDITIONAL 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)"
Tex. Prop. Code § 53.284(d) · Official text · retrieved 2026-09-29

Unconditional waiver and release on final payment

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framingandfigures-texas-unconditional-waiver-final-payment.docx

(1) contain a notice at the top of the document, printed in bold type at least as large as the largest type used in the document, but not smaller than 10-point type, that reads: "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."; and (2) below the notice, read: "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)"
Tex. Prop. Code § 53.284(e) · Official text · retrieved 2026-09-29

Who uses these forms

Section 53.284 of the Texas Property Code sets out four waiver and release forms [1]. Two cover a progress payment and two cover a final payment, and each pair has a conditional and an unconditional version. The statute gives them mandatory force: in Texas a waiver and release is unenforceable unless it substantially complies with the form that applies to it [1].

The forms are written for the person giving up rights, whom the text calls the signer. The rights released are wide. Each form reaches the signer's mechanic's lien rights, statutory and common law payment bond rights, claims for payment, and rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the signer's position.

What the statute says about them

Payment is the dividing line between the two kinds. A conditional form has no effect when it is signed. It becomes effective once the signer receives a check for the stated sum, the check is properly endorsed, and it "has been paid by the bank on which it is drawn" [1]. An unconditional form runs the other way: its text recites that the signer has already been paid and on that basis waives and releases the listed rights.

The two unconditional forms open with a notice placed above the title. Texas fixes how that notice looks: bold type at least as large as the largest type used in the document, and not smaller than 10-point type [1]. Neither conditional form carries that notice.

Notarization plays no part. Texas does not require it, and every form ends with lines for a date, a company name, a signature and a title [1].

Reading the blanks

The first blanks on each form are for the project and a job number. From there the four diverge.

Both progress forms tie the release to attached statements or progress payment requests and list what stays outside it: unpaid retention, pending modifications and changes, and other items furnished. All four also contain a warranty by the signer about paying its own laborers, subcontractors, materialmen and suppliers with the funds from the payment.

What changed recently

The forms date from 2011 legislation [1]. Section 53.284 was added by Acts 2011, 82nd Legislature, chapter 271 (H.B. 1456), with an effective date of January 1, 2012 [1].

Related

Lien waivers: other states

Sources

  1. Tex. Prop. Code chapter 53, Texas Legislative Council (retrieved 2026-09-29)

Changelog

  1. : Page published.
  2. : Dataset first published: 33 of 51 jurisdictions published; 2 more verified and awaiting their codified text.