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Homeowner Lien Waiver Form for the United States

Homeowner Lien Waiver Form Template for United States

A Homeowner Lien Waiver Form is a legal document used in the United States that waives a contractor's or supplier's right to place a mechanics' lien on a property in exchange for payment received. This document serves as proof that payment has been made and received for construction work or materials, protecting the homeowner from future claims while ensuring contractors receive their due compensation. The specific requirements and format vary by state jurisdiction.

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What is a Homeowner Lien Waiver Form?

The Homeowner Lien Waiver Form is a crucial document in construction projects across the United States, protecting both property owners and contractors. It is typically used when payment is made for construction work, renovations, or materials supplied to a residential property. The form serves as evidence that payment has been received and that the contractor or supplier waives their right to file a mechanics' lien against the property. Each state has specific requirements regarding the timing, format, and content of lien waivers, making it essential to comply with local jurisdiction requirements.

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

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

2. Parties: Identification of property owner and contractor/subcontractor including full legal names and addresses

3. Payment Information: Details of payment amount and date received, including payment method and any reference numbers

4. Waiver Statement: Formal waiver of lien rights stating the specific rights being waived and scope of the waiver

5. Signature Block: Spaces for signatures, dates, and notarization requirements as per state law

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

1. Conditional Waiver Clause: Clause specifying that the waiver is only effective upon receipt and clearance of payment

2. Partial Payment Terms: Section specifying that the waiver only applies to portion of work completed to date

3. Through-Date Statement: Statement specifying the exact date through which lien rights are being waived

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

1. Schedule A - Property Description: Legal description of the property including lot number, subdivision, county, and state

2. Schedule B - Payment Details: Itemized list of payments and work completed, including dates and amounts

3. Schedule C - Proof of Payment: Copies of checks or payment confirmations attached as supporting documentation

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 Lien Laws: State-specific mechanics' lien laws, including timing requirements for filing lien waivers and specific language requirements that vary by jurisdiction

TILA: Truth in Lending Act - Federal law that protects consumers in their dealings with lenders and creditors

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate settlement processes

Notarization Requirements: State-specific requirements for notarizing lien waiver documents

Waiver Classification Rules: State laws governing the use and validity of conditional vs. unconditional waivers, and partial vs. final waivers

Subcontractor Rights: Legal rights and protections for subcontractors and material suppliers in lien waiver contexts

Homestead Protection: State-specific requirements for homestead protection that may affect lien waivers

Contractor Licensing Laws: State requirements for contractor licensing that may impact the validity of liens and waivers

Building Codes: Local and state building codes and permit requirements that may affect construction liens

Consumer Protection Statutes: State-specific consumer protection laws that govern fair business practices in construction and real estate transactions

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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