Conditional lien waivers become binding once there is evidence of payment being made. Unconditional lien waivers are binding once they're signed. However, Texas statute prohibits requesting an unconditional waiver before payment is actually made.

NOTICE: This document waives rights unconditionally and states that you have been paid for giving up those rights. 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.

The Texas final unconditional waiver form should be used when the final payment for a project has been made and received by the party that furnished labor or materials. Signing this waiver signifies that payment has been received and no further payments are expected following the payment described in the waiver.

The Unconditional Waiver and Release on Final Payment form is used when the claimant is required to execute a waiver in exchange for a final payment, and the claimant acknowledges that final payment has been received.

A conditional waiver gives up lien rights, but only if one condition is met: You must receive the payment for the waiver to be effective. Once that payment hits your bank account, the waiver is just as enforceable as an unconditional waiver. This form should be used while you are still waiting to be paid.

How to complete the Conditional Waiver and Release on Progress Payment form Name of Claimant. The claimant is the party receiving the payment — in other words, the one waiving their lien rights. ... Name of Customer. ... Job Location. ... Owner. ... Through Date. ... Maker of the Check. ... Amount of the Check. ... Check Payable To.