Partial Conditional Lien Waiver Form for the United States

Partial Conditional Lien Waiver Form Template for United States

A Partial Conditional 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 a portion of work completed, conditional upon receiving a specific payment. This document is governed by state-specific mechanics lien laws and must comply with local statutory requirements. It provides protection for both the property owner and the contractor by ensuring payment is received before lien rights are waived.

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What is a Partial Conditional Lien Waiver Form?

The Partial Conditional Lien Waiver Form is a crucial document in U.S. construction project management, used when partial payments are made for ongoing work. This document serves as a safeguard for both parties: contractors maintain their lien rights until payment is received, while property owners gain protection from double payment claims. The form must comply with state-specific requirements and typically includes payment amount, project details, and work period covered. It differs from unconditional waivers as the waiver of lien rights only becomes effective upon receipt of the specified payment.

What sections should be included in a Partial Conditional Lien Waiver Form?

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

2. Payment Information: Amount received/to be received and payment period covered

3. Waiver Scope: Specific rights being waived and conditional terms

4. Signing Party Information: Identification of the party waiving lien rights

5. Conditional Statement: Clear statement that waiver is only effective upon receipt of payment

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

1. Retained Rights: Specification of rights retained for unpaid retainage, when applicable

2. Through Date: Specific date through which work is covered, used when different from payment period

3. Notarization Block: Required in some states for validity

What schedules should be included in a Partial Conditional Lien Waiver Form?

1. Schedule A - Payment Details: Itemized list of work completed and amounts

2. Schedule B - Property Description: Detailed legal description of property when required

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 Mechanics Lien Laws: Primary state-level legislation governing mechanics liens, including specific requirements for lien waivers, statutory forms if mandated, and specific language requirements that vary by jurisdiction

State Contract Laws: General state-level contract legislation covering formation requirements, consideration requirements, and enforceability provisions

Uniform Commercial Code (UCC): Federal commercial legislation, particularly Article 3 (Negotiable Instruments) and Article 9 (Secured Transactions) that may affect lien waiver documentation

Construction Law Principles: Legal framework governing construction projects including progress payment regulations, payment application requirements, and notice requirements

Federal Laws: Overarching federal legislation including Fair Business Practices and consumer protection regulations that may impact lien waiver terms

Legal Requirements for Conditional Waivers: Specific requirements for conditional waivers including clear statement of conditionality, specific payment amount, through date provisions, and property identification requirements

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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