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Construction Lien LawTEXASWaivers and Releases

New TEXAS Waiver And Release Notices Effective January 1, 2012

By January 6, 2012January 18th, 2012No Comments

Effective January 1, 2012, pursuant to subchapter L, Chapter 53, TEXAS Property Code, statutory forms are required for any waiver and release of a lien or payment bond claim. An excellent reference for these changes can be found on the TEXAS Construction Association website at the following link: http://www.texcon.org/index.php/resources

The following notices have significant new updates:
-Conditional Waiver And Release Upon Final Payment
-Conditional Waiver And Release Upon Progress Payment
-Unconditional Waiver And Release Upon Final Payment
-Unconditional Waiver And Release Upon Progress Payment

Use of a Notary for these Waivers is highly suggested. Additionally, use of added language, through dates, special instructions, invoice numbers and other added text is strongly discouraged, as any variation in text will deviate from the statuatory language. While you might not have a problem 99% of the time, the time your added language gets challenged in a lawsuit could make you learn a very difficult lesson.  The opinion of TRADITION NOTICE SERVICES is always to keep a document as clean, brief and statuatory as possible. Don’t give someone an opening to challenge you.