TapeAndFloat.comConditional vs. unconditional lien waiver
By James Grokman, CEO, TapeAndFloat · Updated 2026-10-28
A conditional lien waiver gives up lien rights only once the stated payment is actually received. An unconditional waiver gives them up when signed, whether or not the money has arrived. Some states set the exact wording of each form.
Not legal advice. This is a general explanation for contractors across the U.S. Lien and payment rules differ by state and by contract, and they change. Before you act on a lien, waiver or payment clause, talk to a construction attorney in your state.
Why it matters on a drywall job
- GCs often ask for a waiver with each pay app, and the type you sign matters.
- An unconditional waiver signed before a check clears can leave you without lien rights on that amount.
For one state's rules, see the Texas lien guide for subcontractors. It covers Texas only.
Related guides and tools
- Texas lien waiver form picker
- Texas lien waiver forms (blog)
- Texas lien guide for subcontractors
- All glossary terms
TapeAndFloat helps drywall and tape-and-float contractors keep up with the office side: bids, change orders, pay apps and follow-ups. Free 60-day pilot. If you stay on, we agree on the price with you up front.
¿Prefiere español? Renuncia de gravamen condicional vs. incondicional.