Interim Lien Waiver Form for the United States

Interim Lien Waiver Form Template for United States

An Interim Lien Waiver Form is a legal document used in U.S. construction projects where a contractor, subcontractor, or supplier waives their right to file a mechanics lien for work completed and payments received up to a specific date, while preserving rights for future work. This document is governed by state-specific mechanics lien laws and must comply with local statutory requirements. It serves as a crucial tool in construction payment processes, protecting both property owners and contractors while facilitating project financing and payment flows.

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What is a Interim Lien Waiver Form?

The Interim Lien Waiver Form is a critical document in U.S. construction project management, used when partial payments are made during ongoing construction work. It provides assurance to property owners and lenders that they won't face mechanics liens for work that has been paid for, while contractors retain rights for future work and unpaid amounts. The document must comply with state-specific requirements, which can include mandatory forms, notarization, and specific language. An Interim Lien Waiver Form typically includes details about the project, payment amount, date range covered, and any preserved rights. It's particularly important for progress payments in larger construction projects and is often required before payment is released.

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

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

2. Waiving Party Information: Identity and details of the party waiving lien rights

3. Payment Information: Amount received and payment period covered by the waiver

4. Waiver Statement: Formal statement of waiver of lien rights

5. Signature Block: Space for signature, date, and notarization

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

1. Conditional Language: Language making the waiver conditional upon receipt of payment - used when payment has not yet been received

2. Reservation of Rights: Statement preserving rights for retention, unbilled changes, or future claims - used when rights for certain claims need to be preserved

3. Progress Payment Details: Breakdown of work completed and payments received to date - used for complex projects with multiple payment phases

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

1. Schedule of Values: Detailed breakdown of work completed and amounts billed

2. Change Order List: List of approved change orders included in the waiver

3. Supporting Documentation: Copies of invoices or payment applications referenced in 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 Mechanics Lien Laws: State-specific regulations governing mechanics liens, including statutory forms, restrictions on lien waivers, and specific notice requirements. Each state has unique requirements that must be followed for lien waivers to be valid.

Federal Miller Act: Federal law requiring payment bonds on federal construction projects, which affects lien rights and waiver requirements on federal projects. Must be considered when drafting lien waivers for federal construction work.

State Little Miller Acts: State-level equivalents of the Federal Miller Act, providing protection for subcontractors and suppliers on state-funded construction projects. These acts influence lien waiver requirements for state public works projects.

State Contract Laws: Basic contract formation requirements including consideration, enforceability provisions, and other state-specific contract regulations that affect the validity of lien waivers.

State Notarization Requirements: Specific state requirements for notarization of lien waivers, including format, witness requirements, and proper execution procedures.

State-Specific Formatting Requirements: Technical requirements such as mandatory language, font size, and formatting specifications that vary by state and must be included for the waiver to be valid.

Industry Standards Documentation: Standard forms and requirements established by organizations like the American Institute of Architects (AIA) and ConsensusDocs that influence lien waiver drafting.

Consumer Protection Laws: State and federal consumer protection regulations that may apply to certain construction projects and affect the terms that can be included in lien waivers.

Teams

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