Contractor Lien Waiver for the United States

Contractor Lien Waiver Template for United States

A Contractor Lien Waiver 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 proof of payment and protection for property owners against double payment claims.

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What is a Contractor Lien Waiver?

Contractor Lien Waivers are essential documents in construction projects across the United States, serving as protection for both property owners and contractors. They are typically required before payment is released and can be either conditional (pending payment) or unconditional (after payment is received). These waivers help maintain clear title to property and prevent duplicate payment claims. State laws govern the format and requirements, with some jurisdictions mandating specific statutory forms. They may be used for progress payments throughout a project or as final waivers upon project completion.

What sections should be included in a Contractor Lien Waiver?

1. Project Identification: Details of the construction project including address and description

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

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

4. Waiver Statement: Explicit waiver language releasing lien rights

5. Execution: Signature blocks and notarization section

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

1. Conditional Language: Used when waiver is contingent upon payment being received and cleared

2. Through Date: Specific date through which lien rights are being waived, used in partial waivers

3. Exceptions: List of any claims or rights specifically reserved, used when certain claims are excluded

4. Representations: Additional statements about subcontractor payments, used in final waivers

What schedules should be included in a Contractor Lien Waiver?

1. Schedule A - Payment Details: Itemized list of payments received and waived

2. Schedule B - Project Scope: Description of work performed, used in partial waivers

3. Schedule C - Subcontractor List: List of subcontractors paid, used in final waivers

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

Waiver

Cost

Free to use
Clauses
Industries

State Mechanics Lien Laws: State-specific laws governing mechanics liens, including statutory forms, filing requirements, and timing provisions. Each state has unique requirements that must be followed for valid lien waivers.

Federal Miller Act: Federal law requiring payment bonds on federal construction projects and governing payment rights of contractors and subcontractors on federal projects.

State-Specific Waiver Requirements: State regulations regarding conditional vs. unconditional waivers, notarization requirements, mandatory language, and statutory notice provisions.

Uniform Commercial Code: Article 9 provisions regarding secured transactions and regulations affecting construction materials and equipment.

State Contract Laws: General contract law principles including consideration requirements, enforcement provisions, and statute of frauds requirements applicable to construction contracts.

State Construction Laws: Specific construction regulations including prompt payment acts, retainage regulations, and payment timing requirements that affect lien waiver validity.

State Consumer Protection Laws: Consumer protection regulations particularly relevant for residential construction projects, including mandatory disclosure requirements and homeowner protections.

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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