Texas lien waivers

Texas lien waiver forms and rules

Texas lien waivers are governed by Tex. Prop. Code §§53.281–53.287, which sets out 4 statutory waiver forms. A waiver that does not substantially follow the statutory form is unenforceable, so Texas contractors must use the statutory wording.

Last updated October 21, 2026 · By the Aequo AP construction team

Texas lien waiver key facts
	Texas
Statute	Tex. Prop. Code §§53.281–53.287
Statutory form	Required. Mandatory. A waiver and release is unenforceable unless it substantially complies with the applicable statutory form.
Conditional and unconditional versions	Yes, separate statutory forms
Notarization	No longer required for original contracts entered into on or after January 1, 2022 (HB 2237 removed the notarization requirement). Earlier contracts follow the prior law, which required it.
Scope	Waivers of lien and payment bond claims under Chapter 53.
Current version	Amended by HB 2237 (87th Legislature), effective January 1, 2022.
Checked against the statute	2026-10-21

What are the Texas statutory lien waiver forms?

Tex. Prop. Code §§53.281–53.287 provides: Conditional Waiver and Release on Progress Payment; Unconditional Waiver and Release on Progress Payment; Conditional Waiver and Release on Final Payment; Unconditional Waiver and Release on Final Payment.

Copy the wording from the statute itself (linked in Sources). Do not retype the form from a third-party summary: in a mandatory-form state a missing notice or changed sentence can matter.

Use the conditional form to get paid and the unconditional form only after the funds clear. See conditional vs unconditional lien waivers and final lien waivers.

Is the statutory form required in Texas?

Mandatory. A waiver and release is unenforceable unless it substantially complies with the applicable statutory form.

“A waiver and release given by a claimant or potential claimant is unenforceable unless it substantially complies with the applicable form”
Tex. Prop. Code §§53.281–53.287

Key Texas lien waiver rules

No one may require a claimant to sign an unconditional waiver unless the claimant has received that payment in good and sufficient funds (§53.283).

Unconditional forms must carry, in bold type of at least 10 points: “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.”
Agreements that waive the right to file or enforce a lien are void as against public policy (§53.286), with a narrow exception for certain single-family residential contracts (§53.282).
Notarization: No longer required for original contracts entered into on or after January 1, 2022 (HB 2237 removed the notarization requirement). Earlier contracts follow the prior law, which required it.

How should a general contractor handle Texas waivers in AP?

Attach the right Texas form to each subcontractor payment, collect it before the payment is released, and file it against that payment so it can be produced on request.

The form depends on where the project is, not where the subcontractor is based. The collection workflow guide shows how to tie waivers to payments, and the lien-waiver risk assessment scores your current controls. Other state guides: Arizona, California, Florida, Georgia, or the full state-by-state table.

Frequently asked questions

Does Texas have a statutory lien waiver form?

Yes. Tex. Prop. Code §§53.281–53.287 sets out: Conditional Waiver and Release on Progress Payment; Unconditional Waiver and Release on Progress Payment; Conditional Waiver and Release on Final Payment; Unconditional Waiver and Release on Final Payment. Mandatory. A waiver and release is unenforceable unless it substantially complies with the applicable statutory form.

Do Texas lien waivers need to be notarized?

No longer required for original contracts entered into on or after January 1, 2022 (HB 2237 removed the notarization requirement). Earlier contracts follow the prior law, which required it.

Can I use a generic lien waiver in Texas?

Not safely. In Texas, a waiver that does not substantially follow the statutory form is unenforceable, so a generic form may give the payer no protection. Use the statutory wording.

Can a Texas general contractor require an unconditional waiver before paying?

No. Under Tex. Prop. Code §53.283, a person may not require a claimant to sign an unconditional waiver for a payment unless the claimant has received that payment in good and sufficient funds.

Aequo Build

Stop paying subs before the waiver is in.

With waiver enforcement on, Aequo Build creates a conditional waiver requirement for each subcontractor payment you make from Aequo, holds that payment until a reviewer verifies the waiver or an approver records a reasoned override, escalates overdue requests to the subcontractor and your team, and requests the unconditional waiver once the invoice is paid. It works with QuickBooks Online.

Start an Aequo Build trial Book a construction walkthrough

What is a lien waiver?The complete guide: the four types, how the exchange works, and common mistakes.Conditional vs unconditional lien waiversSide-by-side comparison and when each one is safe to sign.Final lien waiversWhat a final waiver covers, and how it ties to retention and closeout.Construction lien releaseHow a recorded mechanic’s lien is released, and how it differs from a waiver.Lien waiver forms by stateStates with statutory waiver forms, with statute citations and links.Free lien waiver templatesPrintable conditional and unconditional, progress and final waivers.Collecting waivers before paying subsThe general contractor workflow, and how Aequo Build runs it.Lien-waiver risk assessmentScore your waiver controls in five questions and find the weakest one.Construction AP knowledge centreGuides, benchmarks, and tools for contractor payables.

Sources

Primary sources checked on October 21, 2026. Statutes change; always confirm against the current text.