What is a conditional lien waiver in Texas?

A waiver and release that only becomes effective when you are actually paid: on receipt of the check and once it has been properly endorsed and paid by the bank. Texas sets the wording in Tex. Prop. Code § 53.284(b) (progress payment) and § 53.284(d) (final payment).

Can someone make me sign an unconditional waiver before I am paid in Texas?

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

Is a Texas lien waiver valid if it does not follow the statutory form?

A waiver and release is unenforceable unless it substantially complies with the applicable form in § 53.284, is signed by the claimant or an authorized agent, and, for a conditional release, evidence of payment exists. §§ 53.281, 53.284(a).

Where are Florida's lien waiver rules?

In Fla. Stat. § 713.20. Job Clock has not checked that section's form wording, so read it on the Florida Senate site or ask a Florida construction attorney before you sign one.

Conditional Lien Waiver in Texas and Florida: Rules and Forms (Tex. Prop. Code § 53.284)

Texas: the four statutory forms

Texas allows four waiver and release forms, and a waiver is unenforceable unless it substantially complies with the one that fits. Tex. Prop. Code § 53.284(a).

Conditional Waiver and Release on Progress Payment: you have not been paid yet, or a check is being given for the waiver. § 53.284(b).
Unconditional Waiver and Release on Progress Payment: you have been paid the progress payment. § 53.284(c).
Conditional Waiver and Release on Final Payment: you have not been paid the final payment in good funds yet, or a check is being given. § 53.284(d).
Unconditional Waiver and Release on Final Payment: you have been paid in full. § 53.284(e).

The conditional forms say they become effective "on receipt by the signer of this document of a check ... and when the check has been properly endorsed and has been paid by the bank on which it is drawn." § 53.284(b), (d).

The unconditional forms must start with a bold notice that reads, in part: "This document waives rights unconditionally and states that you have been paid for giving up those rights. ... If you have not been paid, use a conditional release form." § 53.284(c), (e).

Texas rules that protect you

A waiver releases the owner, the property, the contractor, and the payment bond surety only if it substantially complies with a § 53.284 form, it is signed by you or your authorized agent, and, for a conditional release, evidence of payment exists. § 53.281(b).
Nobody may require you to sign an unconditional waiver for a payment until you have received that payment in good and sufficient funds. § 53.283.
A contract clause that waives your right to file or enforce a lien in advance is void as against public policy, with the exceptions in § 53.282 (for example, a written contract for a single-family house, townhouse, or duplex, made before labor or materials are provided; that exception does not apply to someone who supplies only material). §§ 53.282(a)(3), (c), 53.286.
These rules do not apply to an accord and satisfaction of an identified dispute, an agreement in a pending court or arbitration case, or an agreement signed after the lien affidavit is filed or the bond claim is made. § 53.287.

Your Texas deadlines keep running

While you wait for the check, keep your notice and lien dates. For a subcontractor or supplier on an original contract entered into on or after January 1, 2022: a Notice of Claim for each unpaid month by the 15th day of the 3rd month after that month (2nd month on residential), § 53.056(a-1), and the lien affidavit by the 15th day of the 4th month after the month of your last labor or materials (3rd month on residential), § 53.052. Texas lien deadline chart.

Florida

Florida's lien waiver rules are in Fla. Stat. § 713.20. Job Clock has not checked that section's form wording, so this page does not describe the Florida forms. Read § 713.20 or ask a Florida construction attorney before you sign a waiver.

Whatever you sign, your Florida dates still matter: if another contractor hired you, the Notice to Owner is due no later than 45 days after you first furnish labor or materials (§§ 713.06, 713.18), and the claim of lien is due within 90 days after your last day of labor or materials, served on the owner within 15 days of recording (§ 713.08). Florida Notice to Owner, explained.

Working in Georgia? Georgia waivers have their own 90-day rule: Georgia lien waiver and affidavit of nonpayment.

What Job Clock does

Tracks each notice, lien, and lawsuit deadline on your jobs, with the statute next to each date
Sends email reminders before each deadline, in English or Spanish
Prepares the notice forms from the information you give (you sign and serve them)
Prepares late-payment letters when an invoice goes past due
Tracks your license, insurance, and bond expiry dates

The deadline dates are free on JobClockApp.com. The paid plan adds the reminders, paperwork, letters, and setup help.

Get your Texas dates What you get

Job Clock does not file liens, mail or serve notices, or give legal advice. Paying does not mean a lien will hold or that you will get paid.

Where the rules come from

Texas statute text captured October 21, 2026. Florida rules are the ones on the Florida calculator page.

Questions

What is a conditional lien waiver in Texas?: A waiver and release that only becomes effective when you are actually paid: on receipt of the check and once it has been properly endorsed and paid by the bank. Texas sets the wording in Tex. Prop. Code § 53.284(b) (progress payment) and § 53.284(d) (final payment).
Can someone make me sign an unconditional waiver before I am paid in Texas?: No. A person may not require a claimant to sign an unconditional waiver and release for a payment unless the claimant received that payment in good and sufficient funds. Tex. Prop. Code § 53.283.
Is a Texas lien waiver valid if it does not follow the statutory form?: A waiver and release is unenforceable unless it substantially complies with the applicable form in § 53.284, is signed by the claimant or an authorized agent, and, for a conditional release, evidence of payment exists. §§ 53.281, 53.284(a).
Where are Florida's lien waiver rules?: In Fla. Stat. § 713.20. Job Clock has not checked that section's form wording, so read it on the Florida Senate site or ask a Florida construction attorney before you sign one.

This is general information, not legal advice. Rules change. Check the current statute or ask a construction attorney in that state before you rely on a date. Job Clock does not file liens, mail notices, pull permits, or give legal advice.