Waiver and Release of Lien Or Payment Bond Claim

Sec. 53.281. WAIVER AND RELEASE OF LIEN OR PAYMENT BOND CLAIM. (a) Any waiver and release of a lien or payment bond claim under this chapter is unenforceable unless a waiver and release is executed and delivered in accordance with this subchapter. (b) A waiver and release is effective to release the owner, the owner's property, the contractor, and the surety on a payment bond from claims and liens only if: (1) the waiver and release substantially complies with one of the forms prescribed by Section 53.284; (2) the waiver and release is signed by the claimant or the claimant's authorized agent; and (3) in the case of a conditional release, evidence of payment to the claimant exists. Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012. Amended by: Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 35, eff. January 1, 2022.