Full Unconditional Waiver for the United States

Full Unconditional Waiver Template for United States

A Full Unconditional Waiver is a legal document used in the United States construction industry that permanently waives a party's right to file a mechanics' lien or make claims against a property for work performed or materials supplied, upon receipt of payment. This document serves as conclusive evidence that payment has been received and all lien rights are relinquished. The document must comply with state-specific requirements and may need to follow statutory forms in certain jurisdictions.

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What is a Full Unconditional Waiver?

The Full Unconditional Waiver is a critical document in construction project management and payment processes in the United States. It is typically used after a party has received payment for work performed or materials supplied, and serves to protect property owners from double payment or future claims. A Full Unconditional Waiver, unlike conditional waivers, takes effect immediately upon execution and represents that payment has already been received. The document must be carefully drafted to comply with state-specific requirements, as some jurisdictions mandate specific statutory forms or language. It is commonly used in conjunction with progress payments or final payments in construction projects.

What sections should be included in a Full Unconditional Waiver?

1. Project Identification: Details of the project, including location and description

2. Waiving Party Information: Complete identification of the party providing the waiver

3. Payment Amount: Specific amount received as consideration for the waiver

4. Waiver Statement: Clear statement of rights being waived, including mechanics' lien rights, stop payment notice rights, and claims against payment bonds

5. Execution Block: Signature blocks and date for formal execution of the waiver

What sections are optional to include in a Full Unconditional Waiver?

1. Notarization Block: Required in some states for enforceability - includes space for notary acknowledgment

2. Conditional Provisions: Any specific conditions that must be met before waiver becomes effective, used when required by state law

3. Prior Rights Reservation: Statement preserving certain rights, used when specific claims or rights need to be excluded from the waiver

What schedules should be included in a Full Unconditional Waiver?

1. Payment Details Schedule: Itemized list of payments received, including dates and payment methods

2. Project Scope Schedule: Detailed description of work covered by the waiver, including relevant contract references

3. Supporting Documents Schedule: Lists of relevant contracts, change orders, or other referenced documents pertaining to the waiver

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
Industries

State-Specific Lien Laws: Each state maintains its own mechanics' lien laws, including specific requirements for waiver forms and language. Some states mandate the use of statutory forms.

Federal Laws: Key federal regulations including the Uniform Commercial Code (UCC), general contract law principles, and fair business practice regulations that affect waiver validity.

Waiver Enforceability Requirements: Specific considerations including state prohibitions on advance waivers, required notice provisions, statutory waiting periods, notarization requirements, and specific language mandates.

Relevant Court Decisions: State-specific case law regarding enforceability, precedents for waiver interpretation, and judicial requirements for clarity and specificity in waiver documents.

Industry-Specific Regulations: Construction industry standards, payment and performance requirements, and bonding requirements that may affect the waiver's scope and validity.

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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