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This document is conditional because it only becomes effective when the final payment clears. The purpose of this waiver is to protect both the general contractor and the property owner from potential lien claims once the subcontractor has been fully paid.
WHAT ARE WAIVERS AND RELEASES? Waivers and/or releases of liability (releases) are legal agreements designed to transfer responsibility for injuries and property damage from one party to another.
A construction business issues a conditional lien waiver when it expects an owner payment but has yet to receive it. The conditional lien waiver removes the right to place a lien on the property only if the payment is received.
In Texas, lien waivers must follow the statutory forms in the Texas Property Code. Specifically, Section 53.281 of the Texas Property Code outlines the necessary components for a valid lien waiver. Any lien waiver has to be precise in language. It also needs to be formatted correctly to be considered legal.
Lenders in Texas customarily use a partial release of lien to discharge a deed of trust lien against some but not all of the borrowers real property. This Standard Document has integrated with important explanations and drafting and negotiating tips for both lenders and borrowers.

People also ask

How to fill out a California Conditional Waiver and Release on Final Payment Name of Claimant. You are the claimant, so you must write your full business name. Name of Customer. Job Location. Owner. Maker of Check. Amount of Check $ Check Payable to. Exceptions.
Conditional Waiver and Release Upon Final Payment Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a final payment, and the claimant has not yet been paid. This release is only binding if there is evidence of payment to the claimant.

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