Conditional Waiver and Release on Final Payment
(Mechanic's and Materialman's Lien) (TX)

Summary

This conditional waiver and release on final payment is used in Texas when the claimant or potential claimant is required to execute a waiver and release of its right to assert a mechanic's or materialman's lien against the owner's property (1) in exchange for or to induce payment of final payment and (2) is not paid in good and sufficient funds in at the time it signs the waiver and release or if single payee check or joint payee check is given in exchange for waiver and release. This template contains practical guidance and drafting notes. Please note that to be enforceable, Texas law requires all waivers and releases substantially comply with the appropriate template set out in Tex. Prop. Code § 53.284. This document complies with those requirements. For a full listing of key content covering mechanic's liens, see Mechanic's Lien Resource Kit.