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.
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