Texas Contract-Driven

Texas Lien Waiver Requirements

Texas lien waivers are less about statutory templates and more about payment status, notices, and contract language. Using the wrong waiver at the wrong time is a common cause of payment delays.

In Texas, lien waivers are commonly required with pay applications, but the form and timing are usually dictated by the contract and GC portal — not a single statutory template.

How Texas lien waivers differ from other states

  • No single mandatory statutory form like California
  • Heavy emphasis on conditional vs unconditional language
  • Payment timing and notices matter
  • Contracts often specify exact waiver wording

Choosing the correct waiver in Texas

As with most states, Texas waivers come down to two questions:

  1. Has payment actually cleared?
  2. Is this a progress or final billing?

Common Texas billing scenarios

  • Progress + Conditional → most monthly billings
  • Progress + Unconditional → after funds clear
  • Final + Conditional → requesting final payment
  • Final + Unconditional → after final payment clears

Common Texas lien waiver mistakes

  • Submitting unconditional waivers before payment clears
  • Using generic language that conflicts with contract terms
  • Mismatch between waiver amount and pay application
  • Missing coverage dates or invoice references
  • Incorrect party names

Progress billing and retainage in Texas

Texas projects often include retainage and notice requirements. A progress waiver should only cover the billed amount and period — not retainage or disputed sums unless explicitly intended.

How LienWaiverPro helps with Texas waivers

  • Guides users to conditional vs unconditional correctly
  • Aligns waiver amounts with pay application data
  • Supports contract-driven language without guesswork
  • Produces clean PDFs accepted by GC portals
Disclaimer: This content is provided for general informational purposes only and is not legal advice. Texas lien laws and contract requirements vary by project. Consult a qualified Texas construction attorney for guidance specific to your situation.