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question about a unconditional waiver

Per the Texas code, the check should clear the bank prior to signing an Unconditional Waiver. Can we get those back to you on Monday after the checks post to the account? Is this a true statement?

3 replies

Jan 21, 2020

The Texas Property Code does require full payment before an unconditional waiver or release may be required. Specifically, § 53.283 reads: "A person may not require a claimant or potential claimant to execute an unconditional waiver and release for a progress payment or final payment amount unless the claimant or potential claimant received payment in that amount in good and sufficient funds." Honestly, it makes sense - if payment hasn't been made, then conditional lien waivers are more appropriate. And, the Texas Property Code provides conditional lien waiver forms right there at § 53.284. For further discussion on Texas mechanics lien waivers, these resources might be valuable: - Texas Lien Waiver Forms & Guide – All You Need to Know - Texas Lien Waivers Guide and FAQs - Unconditional Lien Waivers vs Conditional Lien Waivers

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Feb 7, 2023

A question about among us pretty good. I think the address on the monthly notice and the legal description should reference all of them.

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May 20, 2023

In general, Garten Of Banban an unconditional waiver is a legal document that relinquishes a party's right to file a lien or claim against a property or funds.

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