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Contractor Lien Waiver Form for the United States

Contractor Lien Waiver Form Template for United States

A Contractor Lien Waiver Form is a legal document used in the United States construction industry where a contractor, subcontractor, or supplier waives their right to place a mechanic's lien on a property in exchange for payment. The document's specific requirements vary by state, with some jurisdictions requiring statutory forms. It serves as a receipt for payment and protection for property owners against double payment claims.

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What is a Contractor Lien Waiver Form?

The Contractor Lien Waiver Form is a crucial document in U.S. construction projects, designed to protect both property owners and contractors. It is typically used when payments are made during or after construction work, where the contractor relinquishes their right to file a mechanic's lien in exchange for payment. The form's requirements vary by state, with some jurisdictions mandating specific statutory language. Contractors should carefully review these forms as they represent a significant waiver of rights, and property owners often require them before releasing payment.

What sections should be included in a Contractor Lien Waiver Form?

1. Project Information: Details of the construction project, including address and project name

2. Parties: Identification of contractor/subcontractor and property owner/general contractor

3. Payment Information: Amount received/waived and payment details

4. Waiver Statement: Explicit waiver language releasing lien rights

5. Signature Block: Execution section including date and notary (if required)

What sections are optional to include in a Contractor Lien Waiver Form?

1. Through Date: For partial waivers, specific date through which lien rights are waived

2. Exceptions: List of any retained rights or claims that are being preserved

3. Conditional Language: Making waiver conditional upon payment, used in conditional lien waivers

What schedules should be included in a Contractor Lien Waiver Form?

1. Schedule A - Payment Details: Detailed breakdown of payments received and waived

2. Schedule B - Project Scope: Description of work performed related to the waiver

3. Schedule C - Supporting Documents: Copies of relevant invoices or payment applications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Release of Lien

Cost

Free to use
Clauses




















Industries

State Mechanics Lien Laws: Each state has its own specific mechanics lien laws, including statutory lien waiver forms and varying requirements for lien waivers. These must be strictly adhered to as requirements differ significantly by jurisdiction.

Property Law Considerations: Includes state property codes, real property statutes, and construction law statutes that govern how property rights and construction claims are handled.

Contract Law Framework: Encompasses the Uniform Commercial Code (UCC), state-specific contract laws, and consideration requirements that affect the validity and enforceability of the waiver.

Federal Construction Laws: Including the Miller Act for federal construction projects and Little Miller Acts (state equivalents) that govern payment bonds and protections on public projects.

Waiver Classification Requirements: Specifications for whether the waiver is conditional/unconditional, partial/final, and requirements related to progress payments versus final payments.

State-Specific Documentation Requirements: Includes requirements for notarization, specific mandatory language or disclaimers, required statements about rights being waived, and specific formatting requirements as per state law.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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