A Lien And Claim Waiver is a crucial document in U.S. construction law that provides assurance to property owners and general contractors that they won't face future liens or claims after making payments. These waivers are typically required before progress payments or final payments are released, and they must comply with state-specific requirements, as some states mandate specific statutory forms. The document can be conditional (effective upon payment) or unconditional (immediately effective), and may be partial (covering specific payment periods) or final (covering all work). It includes details about the project, parties involved, payment amount, and specific rights being waived.
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1. Identification of Parties: Names and details of the waiving party and the party receiving the waiver
2. Project Information: Description of the project, including location and scope of work
3. Payment Details: Amount received or to be received in exchange for the waiver
4. Scope of Waiver: Specific rights being waived and extent of the waiver
5. Effective Date: When the waiver becomes effective
1. Conditional Provisions: Terms making the waiver effective only upon receipt of payment - used for progress payments or when payment hasn't been received yet
2. Reservation of Rights: Specific rights retained by the waiving party - used for partial waivers or when certain claims need to be preserved
3. Third-Party Rights: Provisions affecting subcontractors or suppliers - used when the waiver affects rights of parties not directly signing
1. Payment Schedule: Detailed breakdown of payments received or due
2. Project Documentation: Relevant contracts, change orders, or payment applications
3. Statutory Form Attachments: Required state-specific forms or notices
Relevant legal definitions
Claimant
Contract
Contract Price
Contract Work
Effective Date
Final Payment
Lien
Lien Rights
Owner
Payment Period
Progress Payment
Project
Property
Release Amount
Released Claims
Retainage
Services
Subcontractor
Through Date
Waiver and Release
Work Performed
Materials Furnished
Payment Application
Prime Contract
Mechanics Lien
Labor
Project Site
Conditional Waiver
Unconditional Waiver
Payment Bond
Contract
Contract Price
Contract Work
Effective Date
Final Payment
Lien
Lien Rights
Owner
Payment Period
Progress Payment
Project
Property
Release Amount
Released Claims
Retainage
Services
Subcontractor
Through Date
Waiver and Release
Work Performed
Materials Furnished
Payment Application
Prime Contract
Mechanics Lien
Labor
Project Site
Conditional Waiver
Unconditional Waiver
Payment Bond
Clauses
Identification of Parties
Project Description
Payment Acknowledgment
Waiver and Release
Scope of Release
Rights Reserved
Representations and Warranties
Conditional Payment Terms
Effective Date
Governing Law
Execution
Notarization Requirements
Payment Details
Through Date Provisions
Retainage Provisions
Exception Claims
Indemnification
Authority to Execute
Reliance
Severability
Prior Rights Preservation
Subcontractor Rights
Material Supplier Rights
Bond Rights
Certification
Project Description
Payment Acknowledgment
Waiver and Release
Scope of Release
Rights Reserved
Representations and Warranties
Conditional Payment Terms
Effective Date
Governing Law
Execution
Notarization Requirements
Payment Details
Through Date Provisions
Retainage Provisions
Exception Claims
Indemnification
Authority to Execute
Reliance
Severability
Prior Rights Preservation
Subcontractor Rights
Material Supplier Rights
Bond Rights
Certification
Relevant Industries
Relevant Teams
Relevant Roles
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