Specific Lien Waiver Forms For Texas Must be Used

Here are a few types of lien waivers and a specific form must be used for each:
Corp & LLC

A mechanics lien in for Corporations and LLCs.


A mechanics lien in for Individuals.

Waiver templates

Waiver Templates for a variety of use cases.

Prevailing Wage Forms

Prevailing wage forms for variety of use cases.

Requesting, Sending, and Tracking StateName Lien Waiver Forms Manually?

How many hours per week does your finance team spend on the lien waiver portion of your billing process?
Do you have an extra staff member on hand just to keep up with lien waivers?
If you’re managing subcontractors and using multiple suppliers, how many lien waivers are you gathering for each progress payment request?
Tracking & Organization
Are you using spreadsheets to track lien waiver requests and receipts?

Your lien waiver process may be hindering your cash flow. And human error in lien waiver generation can be costly. Flexbase is the finance superapp solution for construction companies, helping them improve cash flow and get paid faster.

Lien Waivers Are Only One Piece of the Construction Billing Process — Flexbase Has Many Other Solutions to Improve Your Cash Flow

Texas Lien Waiver FAQs

In Texas, who fills out a lien waiver?

Usually a member of a finance or accounting team is responsible for filling out Texas lien waivers. From the GC to the suppliers, each person involved in a construction project may send or request lien waiver forms.

When is a lien waiver needed in Texas?

In Texas, lien waivers are requested whenever they are part of a checklist of documents needed for payment. Although lien waivers are not required, they are commonplace in the construction industry.

How do lien waivers work in Texas?

Lien waivers in Texas protect each person involved in a construction job from a potential mechanics lien. If a stakeholder on a project doesn’t get paid, they can put a lien on that property for non-payment. In the construction industry, lien waivers are proof of payment.

What rights are waived with lien waivers in Texas?

A lien waiver waives the right of a payee to sue the payor for non-payment. A lien waiver is essentially acting as the receipt of payment therefore making it impossible for a lien to be placed on a property when construction costs are not paid. It’s very important to carefully read a lien waiver before signing.

Do I need to use a specific lien waiver form in Texas?

Yes. Due to state legislation, all stakeholders working on a construction project in Texas must utilize the Texas statutory lien waiver forms. These forms cannot not be changed or amended with provisions.

What happens if I use the wrong lien waiver form in Texas?

The form will likely be unenforceable.

Is there more than one type of Texas lien waivers?

Yes. Texas recognizes any one of these four standard lien waiver forms:

  • Conditional lien waiver upon progress payment
  • Unconditional lien waiver upon progress payment
  • Conditional lien waiver upon final payment
  • Unconditional lien waiver upon final payment
What is an unconditional lien waiver form?

Unconditional Texas lien waivers are used when invoices for work or supplies have been paid and you’re waiving your right to place a lien on the property. Remember: unconditional lien waiver forms don’t protect against insufficient funds (a bounced check). Only sign an unconditional lien waiver if monies are in your account.

What is a conditional lien waiver form?

Texas conditional lien waiver forms are used before payment is made. They are based on the “condition” that payment is expected to be made and then lien rights are waived after payment has been received.

How do I fill out a Texas construction lien waiver form?

You could manually locate and complete the Texas statutory lien waiver form, or simply use Flexbase’s template to semi-automate your lien waiver process to guarantee compliance and accuracy.

Do lien waivers need to be notarized in Texas?

Yes. Texas lien waivers must be notarized to be valid.

Should I sign a lien waiver before payment in Texas?

The only Texas lien waivers you should sign before payment are conditional lien waivers. You should only waive your right to place a lien on the property once payment has been made.

Can a contractor or supplier waive their lien rights in their contract?

No. You cannot waive lien rights before work begins. Texas labor law explicitly allows the right to place a lien on a property, therefore rights can never be waived in a contract.

Are lien waivers needed on material in Texas?

If a subcontractor or contractor requests lien waivers from the suppliers on a job prior to releasing payment, then yes, lien waivers are required for materials.

This page is intended only for informational purposes. It is not intended to replace the advice of a legal team.  If you have questions about lien waivers or construction lien laws, consult a legal representative.

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