All templates
Form

Lien Waiver

A lien waiver form releasing the right to file a mechanic's lien against a property upon receipt of payment.

Lien Waiver

This Lien Waiver (the "Waiver") is executed by contractor_name (the "Claimant") in favor of project_owner (the "Owner") in connection with the construction project located at project_address (the "Project").

The Claimant is a contractor, subcontractor, material supplier, or laborer who has furnished or is furnishing labor, materials, equipment, or services in connection with the Project. This Waiver is provided in connection with the receipt of payment in the amount of payment_amount (the "Payment Amount") for work performed, materials furnished, or services rendered in connection with the Project.


1. Conditional Waiver and Release

1.1 Conditional Nature

This Waiver is conditioned upon receipt of actual payment of the Payment Amount. If the Payment Amount is paid by check, this Waiver shall not be effective until the check has been honored by the bank upon which it is drawn. If the Payment Amount is paid by electronic funds transfer, this Waiver shall be effective upon confirmation that the funds have been credited to Claimant's designated account.

1.2 Scope of Waiver

Upon receipt of the Payment Amount, Claimant hereby waives and releases any and all lien rights, stop-payment notice rights, and payment bond rights that Claimant has against the Project, the Owner's property, and any bond furnished in connection with the Project, to the extent of the Payment Amount. This Waiver covers all labor, services, equipment, and materials furnished to the Project through the date specified below.

1.3 Through Date

This Waiver covers all work performed, materials furnished, and services rendered through the date of this Waiver (the "Through Date"). Claimant reserves all lien rights, stop-payment notice rights, and payment bond rights for any labor, services, equipment, or materials furnished after the Through Date and for any amounts in excess of the Payment Amount that may be due and owing.

2. Waiver Details

2.1 Project Information

The Project is located at: project_address. The Owner of the Project is: project_owner. The Claimant's role in the Project is as described in the contract or subcontract between the Claimant and the party that hired the Claimant (the "Contract").

2.2 Payment Information

The Payment Amount of payment_amount represents payment for work performed, materials furnished, or services rendered under the Contract. The Payment Amount may represent a progress payment, a final payment, or a partial payment, as applicable.

2.3 Remaining Balance

Claimant acknowledges that after receipt of the Payment Amount, the remaining balance due to Claimant under the Contract for work performed through the Through Date is as stated in any attached documentation. Claimant reserves all rights to payment of any remaining balance.

3. Representations

3.1 Claimant Representations

Claimant represents and warrants that: (a) Claimant has the authority to execute this Waiver; (b) Claimant has paid or will promptly pay all subcontractors, suppliers, and laborers for work performed through the Through Date, to the extent funds have been received; (c) there are no other lien claims, stop-payment notices, or payment bond claims pending or threatened by Claimant against the Project, except as specifically reserved herein; and (d) this Waiver is executed freely and voluntarily.

3.2 No Prior Assignment

Claimant represents that it has not assigned, transferred, or otherwise conveyed any lien rights, payment bond rights, or claims against the Project or the Owner's property to any third party.

3.3 Authority

The person signing this Waiver on behalf of the Claimant represents that he or she has the authority to bind the Claimant and to execute this Waiver.

4. Effect of Waiver

4.1 Release of Lien Rights

Upon receipt of the Payment Amount, Claimant's lien rights against the Project and the Owner's property are fully released and waived to the extent of the Payment Amount and for work through the Through Date. This release is binding upon Claimant, its successors, assigns, and all persons or entities claiming through or under Claimant.

4.2 No Release of Future Rights

This Waiver does not release or waive any lien rights, claims, or other rights that Claimant may have for work performed, materials furnished, or services rendered after the Through Date, or for any retainage or other amounts not included in the Payment Amount.

4.3 No Release of Contract Rights

This Waiver does not release or waive any contractual rights that Claimant may have under the Contract, except to the extent specifically waived herein. This Waiver does not constitute a waiver of any claims for additional compensation, change orders, or disputed amounts that are not included in the Payment Amount.

4.4 Recording

This Waiver may be recorded in the official records of the county in which the Project is located to provide public notice of the release of lien rights. The recording of this Waiver shall not affect the scope or validity of the Waiver as set forth herein.

5. Subcontractor and Supplier Obligations

Claimant agrees to use the Payment Amount to pay all subcontractors, suppliers, and laborers who have furnished labor, materials, or services to the Project under Claimant's direction or supervision. Claimant shall obtain lien waivers from all such subcontractors and suppliers and shall provide copies to the Owner upon request.

If any subcontractor, supplier, or laborer files a lien against the Project as a result of Claimant's failure to make payment, Claimant shall promptly take all necessary actions to discharge the lien at Claimant's sole expense and shall indemnify Owner against any damages resulting therefrom.

6. Indemnification

Claimant shall indemnify, defend, and hold harmless Owner from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) any lien filed by Claimant or Claimant's subcontractors or suppliers against the Project that is within the scope of this Waiver; (b) any misrepresentation by Claimant in this Waiver; or (c) Claimant's failure to pay subcontractors or suppliers as required.

7. Disputes

If Claimant disputes the amount of the Payment or believes that additional amounts are owed, Claimant shall provide written notice to Owner specifying the nature and amount of the dispute within thirty (30) days of the date of this Waiver. The existence of a dispute shall not invalidate this Waiver with respect to the Payment Amount actually received.

Any dispute regarding this Waiver shall be resolved through the dispute resolution procedures set forth in the Contract between the Claimant and the party that hired the Claimant. If no dispute resolution procedures are specified, the dispute shall be resolved through mediation followed by binding arbitration.

8. Applicable Law

This Waiver shall be governed by and construed in accordance with the laws of the state in which the Project is located. To the extent that this Waiver is inconsistent with the statutory lien waiver form required by the applicable state, the statutory form shall control. Claimant is advised to consult with an attorney regarding the lien waiver requirements of the applicable state.

This Waiver is intended to comply with all applicable statutory requirements for lien waivers. If any provision of this Waiver is found to be inconsistent with applicable law, such provision shall be modified to the minimum extent necessary to comply with the law, and the remaining provisions shall remain in full force and effect.

9. General Provisions

9.1 Entire Agreement

This Waiver constitutes the entire agreement between the Parties regarding the waiver of lien rights for the Payment Amount and through the Through Date.

9.2 Severability

If any provision is held invalid, the remaining provisions continue in full force.

9.3 Binding Effect

This Waiver is binding upon Claimant and its heirs, executors, administrators, successors, and assigns.

9.4 No Waiver of Other Rights

Except as expressly provided herein, this Waiver does not constitute a waiver of any other rights or remedies available to either Party.

9.5 Counterparts

This Waiver may be executed in counterparts. Electronic signatures shall be deemed original signatures.


IN WITNESS WHEREOF, the Claimant has executed this Lien Waiver as of the date signed below.

Claimant

contractor_name

[Electronic signature will be collected via zsign]

[Date will be recorded automatically]

Owner (Acknowledgment)

project_owner

[Electronic signature will be collected via zsign]

[Date will be recorded automatically]

Ready to use this template?

Sign up free, customize it, and send for e-signature in minutes.