Product ID: 100966RPT

Construction Lien Law in Texas: Waivers and Affidavits

Charles Holmans — Attorney, Charles F. Holmans III Attorney at Law
Construction Lien Law in Texas: Waivers and Affidavits

"Waiver" occurs when one dispenses with the performance of something he or she has a right to exact; or where one in possession of any
right, with full knowledge of the material facts, does or forbears to do something, which is inconsistent with the right or intention to rely upon it. Waiver is a matter of intention. In order to be valid, the waiver must be clear
and unambiguous; and there is a presumption against waivers.

An affidavit must contain a jurat (this shows that the person signing the affidavit swears to the truth; a jurat typically states "sworn to and Waivers subscribed before me.") It is important to recognize the difference between a
jurat and an acknowledgment. If the documents filed with the deed records are only acknowledged before the notary, rather than sworn to before the notary, the filed papers have been held to be insufficient to give even
constructive notice of the lien claims.

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