429.005. Certain agreements to waive rights under this chapter are unenforceable--exception.

Certain agreements to waive rights under this chapter areunenforceable--exception.

429.005. 1. An agreement by an original contractor,subcontractor, supplier or laborer to waive any right to enforceor claim any lien authorized under this chapter, where theagreement is in anticipation of and in consideration for theawarding of a contract or subcontract to perform work or supplymaterials for an improvement upon real property, whetherexpressly stated or implied, is against public policy and shallbe unenforceable. The provisions of this section shall notprohibit subordination or release of a lien authorized under thischapter.

2. Nothing contained in this section shall be construed toprohibit contractual provisions requiring lien waivers as acondition for payment.

(L. 1992 H.B. 982 § 1)