Material Supplier Lien Waiver Form for the United States

Material Supplier Lien Waiver Form Template for United States

A Material Supplier Lien Waiver Form is a legal document used in the United States construction industry that waives a supplier's right to file a mechanic's lien against a property for materials furnished. The document serves as confirmation that payment has been received or will be received, and in exchange, the supplier surrenders their lien rights. The form's specific requirements vary by state, with some jurisdictions mandating specific forms and others allowing more flexibility in format.

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What is a Material Supplier Lien Waiver Form?

The Material Supplier Lien Waiver Form is a crucial document in construction projects across the United States, protecting property owners and general contractors from double payment while ensuring suppliers receive proper compensation. This form is typically required before payment is released and serves as evidence that materials have been paid for and the supplier has no further claims against the property. State laws vary significantly regarding the format and requirements of these waivers, with some states requiring statutory forms and others allowing custom formats. The document may be conditional (pending payment) or unconditional (acknowledging payment received), and can cover progress payments or final payment.

What sections should be included in a Material Supplier Lien Waiver Form?

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

2. Parties: Identification of the supplier and the party receiving the waiver

3. Payment Amount: Specific amount received or to be received in exchange for the waiver

4. Waiver Statement: Explicit waiver of lien rights for specified materials or services

5. Execution: Signature blocks and notary section

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

1. Through Date: Date through which the waiver applies (used in progress payment waivers)

2. Exceptions: List of any retained rights or claims (used when certain claims are preserved)

3. Conditional Language: Language making the waiver conditional upon payment (used in conditional waivers)

What schedules should be included in a Material Supplier Lien Waiver Form?

1. Schedule of Materials: Itemized list of materials supplied for which the lien is being waived

2. Payment Schedule: Details of payments received to date (used in progress payment 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

Release of Lien

Cost

Free to use
Industries

State Mechanic's Lien Laws: State-specific statutes governing mechanics' liens, including mandatory lien waiver forms, prohibited waiver language, and requirements for waiver validity. Each state has its own specific requirements.

Uniform Commercial Code: Federal UCC regulations, particularly Article 2 (Sale of Goods) and Article 9 (Secured Transactions), which govern commercial transactions and secured interests in personal property.

Construction Law Requirements: Federal Miller Act for federal projects, State 'Little Miller Acts' for state projects, and specific requirements for public works projects.

State-Specific Waiver Requirements: State laws governing notarization requirements, timing of waivers, and distinctions between conditional/unconditional waivers and progress/final waivers.

Contract Law Principles: Basic contract law requirements including consideration, meeting of minds, and general enforceability requirements that affect the validity of the waiver.

Consumer Protection Laws: State and federal consumer protection regulations that may apply to specific project types and affect the terms of the waiver.

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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