Texas
Construction Payment Resources

Deal with construction jobs in Texas? You've come to the right place. Browse thousands of free resources below.

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Lien & Notice FAQs

Learn about protecting payments on commercial, residential, and other private jobs in Texas.

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Bond Claim FAQs

Learn about securing payments on state, federal, and other public jobs in Texas.

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Lien Waiver FAQs

Learn about the rules and requirements that govern lien waiver exchanges in Texas.

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Texas Forms

Download free lien, notice, waiver and other forms. All forms are legally sound and are regularly reviewed and updated by attorneys.

Notice Forms

  • Affidavit of Commencement

    Affidavit of Commencement

    In Texas, an Owner and a Contractor may jointly file an Affidavit of Commencement with clerk of the county where the project is located within 30 days of the actual date construction begins.

    The affidavit will set the date of commencement as the date of filing, and any subsequent liens filed will run from the date of the Affidavit of Commencement.

  • Notice of Specially Fabricated Materials Form

    Notice of Specially Fabricated Materials Form

    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.

  • Notice to Owner on Residential Project Forms

    Notice to Owner on Residential Project Forms

    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.

  • Residential Notice Letter to Owner Form

    Residential Notice Letter to Owner Form

    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.

  • Second Month Notice Form

    Second Month Notice Form

    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."

  • Third Month Notice Form

    Third Month Notice Form

    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."

  • Notice of Intent to Lien Form

    Notice of Intent to Lien Form

    Even though sending a Notice of Intent to Lien is an optional step in the state of Texas, we strongly recommend that potential lien claimants send this document before filing a mechanics lien. A Notice of Intent to Lien serves as one final warning that a lien is forthcoming if the payment issue is not resolved. No one wants to be forced to file a mechanics lien, and this document gives all of the parties involved one final chance to take care of the payment issues on a project.

Lien Forms

  • Affidavit of Lien by Original Contractor Form

    Affidavit of Lien by Original Contractor Form

    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.

  • Affidavit of Lien by Subcontractor Form

    Affidavit of Lien by Subcontractor Form

    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.

  • Lien Release Form

    Lien Release Form

    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.

Waiver Forms

  • Final Conditional Lien Waiver

    Final Conditional Lien Waiver

    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.

  • Final Unconditional Lien Waiver

    Final Unconditional Lien Waiver

    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.

  • Partial Conditional Lien Waiver

    Partial Conditional Lien Waiver

    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.

  • Partial Unconditional Lien Waiver

    Partial Unconditional Lien Waiver

    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.

Other Forms

  • Request for Payment Bond Information (Statutory)

    Request for Payment Bond Information (Statutory)

    In Texas, like many other states, a claimant is entitled to receive payment bond information when working on a public project. Upon request, a prime contractor must provide: (1) the name and address of the governmental entity ordering the work; (2) a copy of the payment and performance bonds for the public work – including bonds furnished by or to the prime contractor; and (3) the name of the surety/sureties issuing the bonds.

  • Affidavit of Contract – Homestead

    Affidavit of Contract – Homestead

    In order to later claim a valid mechanics lien against a Texas homestead, the party to furnish labor and/or material at the owner's request must execute a written contract and have the contract filed with the county clerk of the county in which the homestead property is located. The contract must be signed by both spouses if the property owner is married, set forth the terms of the agreement, and be executed before any labor or material is furnished. This product creates an affidavit of contract which will be filed along with your provided contract.

  • Notice of Bond

    Notice of Bond

    In Texas, a mechanics lien may be bonded off by an owner, general contractor, or other interested party. When a lien is bonded off, a Notice of Bond must be sent to any lien claimants, along with a copy of the bond.

  • Residential Disclosure Statement

    Residential Disclosure Statement

    Before a residential construction contract is executed by the owner, the original contractor shall deliver to the owner a disclosure statement provided by statute.

  • Affidavit of Completion Form

    Affidavit of Completion Form

    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.

  • Notice of Contract Retainage Form

    Notice of Contract Retainage Form

    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.

  • Request For Notice of Termination Form

    Request For Notice of Termination Form

    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.

  • Request for Project Information

    Request for Project Information

    In Texas, an owner, GC, or surety has the right to request project information from their subcontractors, and the subs have a duty to reply if such a request is sent. That info includes the information of the sub's subcontractors and suppliers.

Index of Texas Resources

Explore our comprehensive collection of Texas lien law resources. Start with frequently asked questions, or reference exactly reproduced legal statutes if you are looking for something specific. Want to take a shortcut? Calculate a deadline or file a document using our tools listed on the right.

Top Texas Resources