A Generic Lien Waiver is a crucial document in construction and property development projects across the United States. It is typically used when a contractor, subcontractor, or supplier has received payment for their work or materials and agrees to waive their right to file a mechanics lien against the property. The document protects property owners from future claims while providing confirmation of payment to service providers. Each state has specific requirements for lien waivers, and some states mandate the use of statutory forms. The waiver can be conditional (pending payment) or unconditional (after payment has been received).
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1. Project Identification: Details of the specific project, including address and description
2. Parties: Identification of the waiving party and the party receiving the waiver
3. Payment Amount: Specific amount received or expected in exchange for the waiver
4. Waiver Scope: Exact rights being waived and any limitations
5. Effective Date: When the waiver becomes effective
1. Conditional Language: Terms making the waiver conditional upon receipt of payment - used when payment has not yet been received
2. Reservation of Rights: Specific rights retained by the waiving party - used when certain claims or rights need to be preserved
3. Through Date: Specific date through which the waiver applies - used for progress payments or partial waivers
1. Payment Schedule: Detailed breakdown of payments received or expected
2. Work Description: Detailed description of work performed or materials provided
3. Previous Payments: List of any previous payments received on the project
Relevant legal definitions
Clauses
Acknowledgment of Payment
Waiver and Release
Scope of Waiver
Representations and Warranties
Exceptions and Reservations
Conditions Precedent
Governing Law
Authorization
Indemnification
Severability
Execution
Notice
Payment Terms
Project Identification
Property Description
Amendment
Assignment
Entire Agreement
Waiver Effectiveness
Rights Reserved
Waiver and Release
Scope of Waiver
Representations and Warranties
Exceptions and Reservations
Conditions Precedent
Governing Law
Authorization
Indemnification
Severability
Execution
Notice
Payment Terms
Project Identification
Property Description
Amendment
Assignment
Entire Agreement
Waiver Effectiveness
Rights Reserved
Relevant Industries
Relevant Teams
Relevant Roles
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