Short answer: before you release each pool payment, collect three things. First, the builder's disbursement statement naming who will be paid from that draw. Second, conditional lien waivers on the Texas statutory form from the builder and from the subs and suppliers the draw pays. Third, if you ask for one, a sworn bills-paid affidavit. At the end, hold the final payment until you have a final bills-paid affidavit and the unconditional final waivers. Keep the 10% retainage for 30 days after completion either way.[1] Below is what each document is, which statute requires it, and a draw-by-draw checklist.
Why this matters: you can pay twice
Texas lets the excavator, steel crew, gunite crew, plumber, electrician, plaster crew and material suppliers pursue a lien on your property if the builder doesn't pay them, even though you never signed anything with them.[1] Two DFW builders say the same thing in their consumer guides. Dallas Cool Pools writes that subs and suppliers "can place a lien against your property for unpaid bills, even if you have already paid your builder."[3] DFW Custom Pool warns subs "can file liens against your property—even if you’ve already paid the builder in full."[4] Paperwork at each payment is how you keep track of whether the money you paid reached those people.
The documents, and what the law says about each
| Document | What it is | When | Statute |
|---|---|---|---|
| Subcontractor and supplier list | Name, address and phone of each sub and supplier the builder intends to use, updated within 15 days of any change. You can waive it only in writing, with a bold-faced statement that the statute prescribes. That statement can sit inside the contract itself, so read for it. Think twice before signing it: this list tells you whose waivers to collect.[1] | Before construction starts | §53.256 |
| Disbursement statement | Given with each payment request. It must list at least the name and address of each sub who contracted directly with the builder and whom the builder intends to pay from the requested funds. False or misleading information in it is a misdemeanor.[1] | Every draw | §53.258 |
| Conditional waiver, progress payment | The signer releases its lien rights for that progress payment once the check named on the form has been endorsed and paid by the bank. It excludes "unpaid retention, pending modifications and changes, or other items furnished." The form itself warns: "Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer."[2] | With each draw, before or as you pay | §53.284(b) |
| Unconditional waiver, progress payment | The signer states it has been paid that progress payment and waives its rights for it. The top must carry a bold notice that it is "prohibited for a person to require you to sign this document if you have not been paid."[2] | After the signer has actually been paid | §§53.283, 53.284(c) |
| Conditional waiver, final payment | Same as the conditional progress form, but it covers the signer's final payment for all labor, services, equipment or materials.[2] | With the final payment | §53.284(d) |
| Unconditional waiver, final payment | The signer states it has been paid in full and waives its lien and payment-bond rights. It carries the same bold "prohibited ... if you have not been paid" notice.[2] | After final payment clears | §§53.283, 53.284(e) |
| Bills-paid affidavit | A sworn statement that the affiant has paid each of its subs, laborers and suppliers in full, or a list of who is owed, how much, and their contact details if known. You may require one as a condition of payment. It may also include a conditional waiver, a promise to pay listed bills from your payment, and an indemnity. A false statement is a misdemeanor punishable by a fine of up to $4,000, up to a year in jail, or both, and the signer is personally liable for resulting losses.[1] | Any payment, on request | §53.085 |
| Final bills-paid affidavit | On a residential construction contract, the builder must sign and deliver it when the final payment is tendered, as a condition of that payment. If anyone is unpaid, the affidavit must say who and how much.[1] | Final payment | §53.259 |
| Release of lien | Once a debt is paid in collected funds, the person who furnished the labor or materials must give a release, in recordable form, within 10 days of a written request from the owner, the builder or whoever paid.[1] | After a paid claim, or any time a lien was filed | §53.152 |
A waiver works only if it substantially complies with one of the four statutory forms, is signed by the claimant or its authorized agent, and, for a conditional release, evidence of payment exists (§53.281). Chapter 53 says waivers that don't meet these conditions are generally unenforceable (§53.282).[1] The statutory disclosure every residential builder must give you before you sign (§53.255) says the same in plain words: "OBTAIN A LIEN RELEASE AND A BILLS-PAID AFFIDAVIT." It also tells owners not to release withheld funds after a notice of claim "without obtaining a signed and notarized release of lien and claim from the claimant."[1]
Draw-by-draw checklist for a pool build
Pool contracts usually pay in stages. Which trades are on your job, and in what order, depends on the builder and your contract, so map each draw against the subcontractor list (§53.256) and the disbursement statement (§53.258).[1] Dallas Cool Pools advises conditional waivers with each progress payment and unconditional waivers at final payment, and says not to release the final payment "until unconditional mechanic's lien waivers are received from the builder and all subcontractors and material suppliers."[3] DFW Custom Pool says to "Request lien releases from all subcontractors at each payment stage."[4]
| When | Collect | Check |
|---|---|---|
| Before signing | The §53.255 disclosure; the contract's draw schedule; a written promise to provide the sub list, disbursement statements and waivers | For a homestead, a lien requires a written contract signed before work starts (by both spouses if married) and filed with the county clerk (§53.254).[1] Don't sign the §53.256 list waiver unless you mean to. |
| Before the dig | Subcontractor and supplier list | Every major trade appears, and you have a way to reach each one. |
| Each progress draw | Disbursement statement; conditional progress waivers (§53.284(b)) from the builder and from each sub or supplier the draw pays; a bills-paid affidavit if you require one (§53.085) | Names on the waivers match the disbursement statement. Amounts make sense for the work done. Don't pay ahead of finished stages: see our payment schedule guide. |
| Next draw | Unconditional progress waivers (§53.284(c)) for the previous draw | This shows the last round of money actually arrived. A sub that won't sign one may not have been paid. Ask before you pay again. |
| Any time | Watch your mail for a "NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS" | On a residential job, a sub must send it by the 15th day of the second month after the month it did the work (§53.056). Once you receive one, you may withhold that amount from the builder (§53.081). If you keep paying the builder without withholding it, you can become liable for it (§53.084).[1] |
| Final payment | Final bills-paid affidavit (§53.259); conditional final waivers (§53.284(d)) from the builder and every sub and supplier; then unconditional final waivers (§53.284(e)) once the money clears | If the affidavit lists anyone unpaid, the statutory disclosure says to withhold that amount until you get a waiver or release from that sub or supplier.[1] |
| 30 days after completion | Release the 10% retainage | Section 53.101 tells owners to reserve 10% during the work and for 30 days after completion. Check with an attorney if any notice of claim is pending.[1] |
Red flags
- Asked to sign an unconditional waiver before payment. If a sub tells you the builder wants an unconditional waiver before paying it, that's prohibited (§53.283).[1]
- Homemade waiver forms. A "release" that doesn't track the §53.284 wording may not be enforceable (§§53.281, 53.282).[1]
- No disbursement statement, or one that never changes. It is required with each payment request on residential contracts (§53.258).[1]
- Pressure to waive the subcontractor list. The statutory waiver itself says "AN OWNER IS NOT REQUIRED TO WAIVE" this right (§53.256).[1]
- Most of the money due before plaster. Waivers can't fix a schedule that pays far ahead of the work. See payment schedules. If work has already stopped, see builder stopped work or walked off.
FAQ
What is the difference between a conditional and an unconditional lien waiver in Texas?
A conditional waiver takes effect only when the signer's payment (the check named on the form) clears. An unconditional waiver says the signer has already been paid and gives up its lien rights for that amount right away. Texas Property Code section 53.284 sets out both forms, each in a progress-payment and a final-payment version. Under section 53.283, no one may require a sub or supplier to sign an unconditional waiver for an amount it hasn't actually received.
Is a lien waiver valid if it isn't on the Texas statutory form?
Generally no. Section 53.281 says a waiver and release is effective only if it substantially complies with one of the section 53.284 forms, is signed by the claimant or its authorized agent, and, for a conditional release, evidence of payment exists. Section 53.282 lists the narrow exceptions. Ask a Texas attorney about any form that doesn't match the statute.
What is a bills-paid affidavit for a pool?
A sworn statement that the contractor has paid everyone who supplied labor or materials, or a list of who is still owed and how much. Under section 53.085 you may require one as a condition of any payment. Under section 53.259, on a residential construction contract the builder must sign and deliver a final bills-paid affidavit when the final payment is tendered. A false statement is a misdemeanor, and the signer is personally liable for losses it causes.
Do I still need to hold back 10% if I collect lien waivers?
Waivers don't replace the retainage. Section 53.101 says the owner shall reserve 10% of the contract price, or of the value of the work, during the work and for 30 days after completion. Under section 53.105, an owner who doesn't reserve it can be liable to subs and suppliers who properly perfect their claims, up to the amount that should have been reserved.
Does this apply to pool resurfacing or a remodel?
Chapter 53 covers construction or repair of an improvement, and its definition of improvement lists a pool. A residential construction contract includes repairing improvements appurtenant to the residence. So a replaster, tile or equipment job can raise the same lien questions, scaled down. Many resurfacing jobs involve fewer trades, but ask who else the company will pay for your job.
Related: how to vet a DFW pool builder · builder directory · resurfacing companies. Something wrong or out of date? Tell us. How we source claims: methodology.
Sources
- Texas Property Code ch. 53, Mechanic's, Contractor's, or Materialman's Lien (official text, Texas Legislature)
- Tex. Prop. Code sec. 53.284, Forms for Waiver and Release of Lien or Payment Bond Claim (full form text, Public.Law mirror of the official statute)
- Dallas Cool Pools (DFW builder): Dallas Pool Planning Checklist
- DFW Custom Pool (DFW builder): How Much Does an Inground Pool Cost? A Pool Builder's Guide for 2026