Blog · By James Grokman, CEO, TapeAndFloat · Published October 26, 2026 · Updated October 26, 2026

Texas lien waivers for drywall subs: which one to sign

A Texas lien waiver is the signed release a sub gives in exchange for payment. Texas allows four forms (Property Code § 53.284): conditional or unconditional, each for a progress or a final payment.

Sign the conditional form when you send a pay app and the money is not in your account yet, and sign the unconditional form only after that exact payment has cleared. Use the progress forms for monthly payments and the final forms only for the last payment, retainage included, because a final waiver releases the whole job. Nobody may require an unconditional waiver for money you have not received in good funds (§ 53.283).

Not legal advice. Check with an attorney. This is a general guide for office staff on private Texas jobs. Your subcontract, payment bonds and public-job rules can change the answer. Check specific waivers with a Texas construction attorney.

1. The four Texas forms at a glance

Subchapter L of Property Code chapter 53 sets four forms (§ 53.284):

• Conditional Waiver and Release on Progress Payment (§ 53.284(b)): sent with a monthly pay app, before you are paid. It takes effect only when the check is endorsed and paid by the bank.
• Unconditional Waiver and Release on Progress Payment (§ 53.284(c)): says you have been paid that progress amount. Sign it only after the money clears.
• Conditional Waiver and Release on Final Payment (§ 53.284(d)): sent with your final pay app, usually the one that bills retainage.
• Unconditional Waiver and Release on Final Payment (§ 53.284(e)): says you have been paid in full for the job. Sign it last, after the final payment clears.

Not sure which one a request calls for? Our free Texas lien waiver form picker asks two questions and names the form.

2. Conditional vs unconditional: the rule that protects you

A conditional waiver is a promise that only works once the payment arrives. The statutory text says it becomes effective "on receipt" of a check from the payer, once the check "has been properly endorsed and has been paid by the bank." It also tells anyone relying on it to verify evidence of payment first, and § 53.281(b)(3) says a conditional release is effective only if evidence of payment exists.

An unconditional waiver is different. It states that you have been paid and releases your lien and payment bond rights for that amount, check or no check. That is why both unconditional forms must open with a bold notice at the top, at least as large as the largest type in the document and not smaller than 10-point (§ 53.284(c)(1), (e)(1)). The notice says it is prohibited to require you to sign if you have not been paid, and to use a conditional form if you have not.

So the office rule is simple:

• Pay app going out, money not here yet: conditional.
• Money in the account and cleared: unconditional for that exact amount.
• Pressured for an unconditional early: cite § 53.283 and offer the conditional.

The conditional forms are written around a check. If you are paid by ACH or wire, ask your attorney how they want the form completed.

3. Progress vs final: read the exceptions

Both progress forms cover the labor and materials in the attached pay app "except for unpaid retention, pending modifications and changes, or other items furnished." That built-in exception keeps your retainage and pending change orders outside the release. Attach the right pay app so the waiver is tied to a specific period and amount.

The final forms have no such exception. The conditional final form "covers the final payment to the signer for all labor, services, equipment, or materials furnished," and the unconditional final form says you have been "paid in full." Before you sign either one, make sure every change order, extra and retainage dollar you expect is in that final amount. If a change order is still in dispute, talk to your attorney before you sign anything marked final.

4. A five-point check before you sign any waiver

1. Right form. Match the request to one of the four forms above. A waiver that does not substantially comply with the § 53.284 form is unenforceable (§ 53.281, § 53.284(a)).
2. Right amount. The dollar amount should match the pay app or the payment, not a round number the GC typed in.
3. Right job. Check the project name, job number, owner and property location.
4. Money status. If the form is unconditional, confirm the payment has cleared before anyone signs.
5. Authorized signer. The waiver must be signed by the claimant or its authorized agent (§ 53.281(b)(2)). Decide who in your company signs waivers and stick to it.

All four forms also warrant that you have paid, or will promptly pay, your own laborers and suppliers. If the GC also asks for a bills-paid affidavit, it must list anyone you still owe, and a knowingly false affidavit can be a misdemeanor (§ 53.085).

5. When the GC sends its own waiver form

Many GCs send their own waiver template. Under § 53.282(a)(1), a written statement that waives or releases lien or payment bond rights is enforceable only if it substantially complies with a § 53.284 form, unless you have actually been paid in full or the residential exception below applies. Compare it to the statutory form line by line. Extra paragraphs (indemnity, waivers of other claims, releases dated into the future) are a reason to call an attorney before signing.

6. Residential jobs: waivers inside the subcontract

There is one important exception for houses. A waiver written into an original contract or subcontract for a single-family house, townhouse or duplex (or related land development) can be enforceable if it was made before any labor or materials were provided (§ 53.282(a)(3)). It does not apply to someone who supplies only material and no labor (§ 53.282(c)). If you hang and finish drywall on homes, read the lien and waiver language in each builder's subcontract before your crew starts.

7. Keep a waiver log

A common office miss: the conditional went out, the check cleared, and nobody sent the unconditional, so the next pay app gets held. Keep one row per pay app:

Job / GC ............................ Example Office Building / Example GC
Pay app # ........................... 4  (period ending Mar 31)
Amount requested .................... $18,450
Conditional progress waiver sent .... Apr 1 with the pay app
Payment received / cleared .......... Apr 24 / Apr 27
Unconditional progress waiver sent .. Apr 27, for the amount actually paid
Retainage still held ................ tracked separately (excluded from progress waivers)

These numbers are made up. If the GC pays less than you billed, the unconditional waiver should say the amount you actually received, and the difference stays open on your log.

8. If you already filed a lien

Agreements signed after a lien affidavit is filed, settlements of an identified dispute and agreements in a pending lawsuit or arbitration fall outside these waiver rules (§ 53.287). Once you are paid, you must give a recordable release within 10 days after a written request (§ 53.152). Call your attorney here.

TapeAndFloat is an office assistant for drywall subs and small GCs. During the free pilot it keeps a waiver log for every pay app, reminds you when a payment has cleared and the unconditional waiver is due, and flags waivers that do not match the amount paid. If that would help your office, take a look at the Austin pilot, or try the free lien waiver form picker.

Official sources

• Texas Property Code, Chapter 53, Subchapter L: Waiver and Release of Lien or Payment Bond Claim (§§ 53.281 to 53.284 and 53.287), plus §§ 53.085 and 53.152

Related: how to fill out a drywall pay application in Texas, how to get your retainage back and Texas lien deadlines for subcontractors.

Not legal advice. General summary as of October 26, 2026. Check specific jobs with a Texas construction attorney.

Frequently asked questions

What are the 4 lien waiver forms in Texas?

Texas Property Code Sec. 53.284 sets four forms: Conditional Waiver and Release on Progress Payment, Unconditional Waiver and Release on Progress Payment, Conditional Waiver and Release on Final Payment, and Unconditional Waiver and Release on Final Payment. Not legal advice.

Should I sign a conditional or unconditional lien waiver?

Sign the conditional waiver when the GC asks for one before the money is in your account. Sign the unconditional waiver only after that payment has cleared. Under Sec. 53.283 nobody may require an unconditional waiver for an amount you have not received in good and sufficient funds.

Does a progress lien waiver release my retainage?

The statutory progress forms cover the attached pay app except for unpaid retention, pending modifications and changes, or other items furnished (Sec. 53.284(b) and (c)). The final forms have no such exception, so check that retainage and change orders are in the final amount before you sign.

Can the GC make me sign its own lien waiver form?

In Texas a waiver is enforceable only if it substantially complies with a Sec. 53.284 form and is signed by you or your authorized agent (Sec. 53.281), with limited exceptions such as payment in full or a pre-work waiver in a single-family, townhouse or duplex contract (Sec. 53.282). Have a Texas construction attorney review any extra language.