For new or existing residential construction projects, pursuant to Texas Property Code, Section 53.256, unless otherwise waived as described below, before work begins, the Original Contractor must: (1) provide the Homeowner with a written list that identifies by name, address, and telephone number each Subcontractor and Material/Equipment Supplier who the Contractor intends to hire for the Project; and (2) provide the Homeowner with an updated list not later than the 15th day after the date a Subcontractor or Material/Equipment Supplier is added or deleted from the list. The list must contain the following notice conspicuously printed, stamped, or typed in a size equal to at least 10-point boldface or the computer equivalent:

NOTICE: THIS LIST OF SUBCONTRACTORS AND SUPPLIERS MAY NOT BE A FINAL LISTING. UNLESS YOU SIGN A WAIVER OF YOUR RIGHT TO RECEIVE UPDATED INFORMATION, THE CONTRACTOR IS REQUIRED BY LAW TO SUPPLY UPDATED INFORMATION, AS THE INFORMATION BECOMES AVAILABLE, FOR EACH SUBCONTRACTOR OR SUPPLIER USED IN THE WORK PERFORMED ON YOUR RESIDENCE.

Most homeowners want to know the identity of the Subcontractors and Suppliers who are providing labor or material to their home; however, complying with this mandatory requirement can become quite onerous for a Contractor. As such, the Contractor may request the Homeowner to waive this requirement (which is actually very common on new construction Projects), by either: (1) including a waiver in the Contract; or (2) by having the Homeowner sign a separate document. Either way, the waiver should be in at least 10-point bold-faced type and substantially similar to the following:

WAIVER OF THE LIST OF SUBCONTRACTORS AND SUPPLIERS. AN OWNER IS NOT REQUIRED TO WAIVE THE RIGHT GRANTED BY SECTION 53.256, PROPERTY CODE, TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS. BY SIGNING THIS DOCUMENT, I AGREE TO WAIVE MY RIGHT TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS. I UNDERSTAND AND ACKNOWLEDGE THAT, AFTER SIGNING THIS DOCUMENT, THIS WAIVER MAY NOT BE CANCELED AT A LATER DATE. I HAVE VOLUNTARILY CONSENTED TO THIS WAIVER.