Texas
Construction Documents

Mechanics Lien, Bond Claim, Notice and Lien Waiver Forms.


Download free Texas mechanics lien forms and preliminary notice forms in PDF format. All forms are made available by zlien subject to our terms of use.

Texas

Partial Unconditional Lien Waiver

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This waiver – the Unconditional Waiver and Release on Progress Payment – should be used when a progress payment on the project has been received. Further payments may be expected, but the specific partial payment discussed in the waiver has been received.

Because this is an “unconditional” waiver, it should only be used when payment has actually been received. If payment has not been received, if the check hasn’t yet cleared the bank, or if there is some other reason why payment might ultimately fail, this waiver should not be furnished. If this is the case, signing a “conditional” waiver is a safer option.

Texas

Final Unconditional Lien Waiver

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This waiver – the Unconditional Waiver and Release on Final Payment – should be used when the final payment on the project has been made and received by the party that furnished labor or materials. Signing this waiver indicates that payment has been received and no further payments are expected.

Because this is an “unconditional” waiver, it should only be used when payment has actually been received. If payment has not been received, if the check hasn’t yet cleared the bank, or if there is some other reason why payment might ultimately fail, this waiver should not be furnished. If this is the case, signing a “conditional” waiver is a safer option.

Texas

Partial Conditional Lien Waiver

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This waiver – the Conditional Waiver and Release on Progress Payment – should be used when a progress payment on the project is expected. There may be future expected payments on the project, but this waiver applies only to a specific, expected progress or partial payment.

Because this is a “conditional” waiver, it is ok if payment has not yet been received. The waiver is “conditional” on the receipt of the payment and will be invalid if payment is not ultimately received. If payment has already been received in full, an “unconditional” waiver may be more appropriate.

Texas

Final Conditional Lien Waiver

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This waiver – the Conditional Waiver and Release on Final Payment – should be used when the final payment for a project is expected but has yet to be received. Signing this waiver signifies that no further payments are expected following the payment described in the waiver.

Because this is a “conditional” waiver, it is ok if payment has not yet been received. The waiver is “conditional” on the receipt of the payment and will be invalid if payment is not ultimately received. If payment has already been received in full, an “unconditional” waiver may be more appropriate.

Private Projects

Texas

Mechanics Lien Release

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Mechanic Liens and statements should generally be canceled once payment has been received.

In Texas the claimant, once paid, must provide a Release of Lien to the paying party, which can be filed with the recorder to cancel the previously filed instruments. Download zlien's Texas Lien Release Form template below.

Private Projects

Texas

Affidavit of Completion

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Determining the date of a project’s completion can be difficult. In Texas, the owner can file a Texas Affidavit of Completion to set this date. The notice is filed with the county recorder and should then be delivered immediately to the original contractor and any claimants who have delivered notice to the property owner.

Private Projects

Texas

Request For Notice of Termination

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A “Request for Notice of Termination or Abandonment” is not a required notice.  However, if the general contractor is terminated or abandons the project before work is complete, it can significantly reduce the time subs and suppliers have to file a lien (it reduces it to 30 days from the termination/abandonment). Sending this notice requires the owner to inform you of any termination or abandonment, and therefore, puts you on notice to file your lien under the shortened time frame.

Private Projects

Texas

Third Month Notice

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Subcontractors and Suppliers (those who do not contract directly with the property owner) must deliver a “Third Month Notice” to the original contractor to preserve lien rights. The notice must be delivered whenever work has been completed, and unpaid. It is due on the 15th day, 3 months after the unpaid work was performed. This notice is also commonly referred to as the "Texas Funds Trapping Notice."

Private Projects

Texas

Notice of Contract Retainage

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To file a lien against the contractual retainage withheld on a contract, a Texas contractor must send a Notice of Contractual Retainage to the owner and original contractor on the 15th day of the 2nd month after labor and/or materials are first delivered.

Private Projects

Texas

Second Month Notice

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Lower Tier Subcontractors and Suppliers (those who do not contract directly with the Original Contractor) must deliver a “Two Month Notice” to the original contractor to preserve lien rights. The notice must be delivered whenever work has been completed, and unpaid. It is due on the 15th day, 2 months (commercial) or 1 month (residential) after the unpaid work was performed.  This notice is also commonly referred to as the "Texas Funds Trapping Notice."

Private Projects

Texas

Residential Notice Letter to Owner

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Subcontractors and Suppliers (those who do not contract directly with the owner) must deliver a “Residential Notice to Owner” to the owner and original contractor to preserve lien rights. The notice must be delivered whenever work has been completed, and unpaid. It is due on the 15th day of the 2nd month after the unpaid work was performed.

Private Projects

Texas

Notice of Specially Fabricated Materials

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This is not a required notice.   However, under the Texas Property Code Section 53.0231(a), a person who specially fabricates materials that are unsuitable for use on other projects are entitled to lien, even if the materials are never delivered to the site (i.e. the contract is canceled). To preserve this right, however, suppliers must send a Notice of Specially Fabricated Materials after executing their material contract.

Private Projects

Texas

Notice to Owner on Residential Project

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Subcontractors and Suppliers (those who do not contract directly with the owner) must deliver a “Residential Notice to Owner” to the owner and original contractor to preserve lien rights. The notice must be delivered whenever work has been completed, and unpaid. It is due on the 15th day of the 2nd month after the unpaid work was performed.

Private Projects

Texas

Affidavit of Lien by Original Contractor

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The construction or mechanics lien, known in Texas as an Affidavit of Lien, is filed on private construction jobs. Construction liens are available to parties who have performed labor or provided materials to a jobsite, and have provided the proper notice to the owner and general contractor.

Private Projects

Texas

Affidavit of Lien by Subcontractor

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The construction or mechanics lien, known in Texas as an Affidavit of Lien, is filed on private construction jobs. Construction liens are available to parties who have performed labor or provided materials to a jobsite, and have provided the proper notice to the owner and general contractor.

Texas

File a Bond Claim through zlien

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Bond Claims are used to collect payment on federal, state, county, and municipal construction projects. Click here to file a Bond Claim through zlien in minutes. Enter your project info, and zlien's platform will ensure that your Bond Claim is filed correctly and securely so that you get paid.

Texas

File a Notice of Commencement through zlien

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A Notice of Commencement is available in certain states as an official means of designating the beginning of a construction project. Click below to file a Notice of Commencement through zlien.

Texas

Send a Notice of Intent through zlien

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A Notice of Intent to lien (NOI) warns the property owner, prime contractor and/or other party that a mechanics lien or bond claim will be filed unless payment of overdue amounts is made within a certain period of time (i.e. 10 days). According to zlien research, 90% of NOIs produce payment within 90 days of delivery – all without any further collection efforts or legal action.

Texas

File a Release of Bond Claim through zlien

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When payment is received after a Bond Claim is filed, releasing the claim is sometimes required. Click here to file a Release of Bond Claim through zlien.

Texas

File a Stop Notice through zlien

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In some states, Stop Notices are available to contractors and suppliers as an alternative to (or in addition to) their Mechanic Lien Rights. A Stop Notice is delivered to the prime contractor or property owner, and demands that they withhold enough funds to pay your claim. If the property owner or prime contractor is in possession of funds at the time your Stop Notice is sent, they will be responsible for payment of your claim if they disburse those funds to other parties. Click to file a Stop Notice through zlien.

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