A lien or right to claim a lien may be waived by agreement. A waiver of a lien should be in writing, and the writing should plainly show that the claimant or potential claimant clearly and knowingly intended to waive the lien or right to a lien.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The Texas Waiver of Mechanic's or Construction Lien is a legal document that allows contractors, subcontractors, suppliers, and other construction professionals to waive their rights to file a mechanic's lien on a property in Texas. This waiver is often used as a part of the payment process in construction projects to ensure that all parties involved are compensated for their work and materials used. There are four different types of Texas Waiver of Mechanic's or Construction Lien, each serving a specific purpose and reflecting the progress of the construction project: 1. Texas Conditional Waiver and Release on Progress Payment: This type of waiver is used when a contractor or subcontractor receives a partial payment for the work completed to date. By signing this waiver, the party acknowledges receiving the payment and waives any mechanic's lien rights up to the paid amount. 2. Texas Unconditional Waiver and Release on Progress Payment: Similar to the conditional waiver, this type of waiver is used when a contractor or subcontractor is paid for the work completed. However, unlike the conditional waiver, this waiver is considered unconditional, indicating that the payment has been received in full, and any lien rights for the completed work are waived. 3. Texas Conditional Waiver and Release on Final Payment: This waiver is used when the construction project is nearing completion, and the contractor or subcontractor receives a partial or final payment. By signing this conditional waiver, the party acknowledges receiving the payment but retains the right to file a mechanic's lien if any outstanding payments remain due. 4. Texas Unconditional Waiver and Release on Final Payment: This type of waiver is similar to the conditional waiver on the final payment. However, the unconditional waiver signifies that the contractor or subcontractor has received the final payment and waives any rights to file a mechanic's lien, even if there are future disputes or unpaid amounts. It is important for all parties involved in a construction project in Texas to understand the specific type of waiver they are signing and the implications it may carry. Waiving mechanic's lien rights can limit their ability to seek payment or recover unpaid amounts. Therefore, it is vital to carefully review and consider each waiver before signing. Consulting with legal professionals or construction experts is advisable to ensure compliance with Texas lien laws and protection of one's rights during the construction payment process.The Texas Waiver of Mechanic's or Construction Lien is a legal document that allows contractors, subcontractors, suppliers, and other construction professionals to waive their rights to file a mechanic's lien on a property in Texas. This waiver is often used as a part of the payment process in construction projects to ensure that all parties involved are compensated for their work and materials used. There are four different types of Texas Waiver of Mechanic's or Construction Lien, each serving a specific purpose and reflecting the progress of the construction project: 1. Texas Conditional Waiver and Release on Progress Payment: This type of waiver is used when a contractor or subcontractor receives a partial payment for the work completed to date. By signing this waiver, the party acknowledges receiving the payment and waives any mechanic's lien rights up to the paid amount. 2. Texas Unconditional Waiver and Release on Progress Payment: Similar to the conditional waiver, this type of waiver is used when a contractor or subcontractor is paid for the work completed. However, unlike the conditional waiver, this waiver is considered unconditional, indicating that the payment has been received in full, and any lien rights for the completed work are waived. 3. Texas Conditional Waiver and Release on Final Payment: This waiver is used when the construction project is nearing completion, and the contractor or subcontractor receives a partial or final payment. By signing this conditional waiver, the party acknowledges receiving the payment but retains the right to file a mechanic's lien if any outstanding payments remain due. 4. Texas Unconditional Waiver and Release on Final Payment: This type of waiver is similar to the conditional waiver on the final payment. However, the unconditional waiver signifies that the contractor or subcontractor has received the final payment and waives any rights to file a mechanic's lien, even if there are future disputes or unpaid amounts. It is important for all parties involved in a construction project in Texas to understand the specific type of waiver they are signing and the implications it may carry. Waiving mechanic's lien rights can limit their ability to seek payment or recover unpaid amounts. Therefore, it is vital to carefully review and consider each waiver before signing. Consulting with legal professionals or construction experts is advisable to ensure compliance with Texas lien laws and protection of one's rights during the construction payment process.
