Unconditional waiver and release on progress payment

An unconditional progress waiver releases lien rights for the payment and work period described, immediately and without a condition. The release does not wait for the check to clear.

That makes it a cash-in-hand document. If the payment later fails, you have already released the rights it covered.

Texas law requires this form to carry a bold notice at the top stating that the claimant is giving up lien rights, that the waiver is unconditional, and that it is enforceable whether or not payment is received.

The notice must be at least as large as the largest type used elsewhere on the form and never smaller than 10 point. A waiver that omits or shrinks the notice risks being unenforceable.

Retention is not released. Work performed after the waiver date is not released. Amounts not included in the payment are not released.

Only a final waiver releases retention and the entire remaining balance.

Use it after the funds have cleared, for example when a GC needs a clean unconditional release before closing a draw file.

If you are asked to sign one before payment clears, offer a conditional progress waiver instead. That is the correct form for that moment.