Progress Lien Waiver Form for the United States

Progress Lien Waiver Form Template for United States

A Progress Lien Waiver Form is a legal document used in U.S. construction projects where a contractor, subcontractor, or supplier waives their right to place a mechanic's lien against a property for work completed up to a specific date, in exchange for payment. The document must comply with state-specific requirements, as some states mandate statutory forms while others allow more flexibility in format.

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What is a Progress Lien Waiver Form?

The Progress Lien Waiver Form is a crucial document in U.S. construction project management, serving as protection for property owners while ensuring proper payment flow through the construction chain. This document is typically required before progress payments are released, with contractors, subcontractors, and suppliers executing the waiver to relinquish their right to file a mechanic's lien for work completed through a specific date. The form's requirements vary by state, with some jurisdictions mandating specific statutory forms. Progress Lien Waiver Forms are distinct from final lien waivers and may be either conditional or unconditional, depending on payment timing and project requirements.

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

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

2. Parties: Identification of waiving party and party receiving waiver

3. Payment Amount: Specific amount received or expected for which the lien is being waived

4. Through Date: Date through which the waiver applies

5. Waiver Statement: Formal waiver language stating rights being relinquished

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

1. Exceptions: List of any rights or claims specifically excluded from the waiver

2. Retention: Details of any retained amounts

3. Conditional Language: Language making waiver conditional upon payment

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

1. Schedule of Work Completed: Detailed list of work completed through the waiver date

2. Payment History: Record of previous payments received

3. Supporting Documentation: Copies of relevant invoices or payment applications

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 mechanics lien laws that govern lien waivers, including statutory forms required in states like California, Texas, Georgia, and Florida. Non-compliance with state requirements can void the waiver.

Construction Lien Laws: Federal and state construction lien statutes covering rights of contractors, subcontractors, and material suppliers, including notice requirements and filing deadlines.

Uniform Commercial Code: Article 9 of the UCC regarding secured transactions and provisions affecting construction contracts and payments.

State Contract Laws: Basic contract formation requirements, consideration requirements, and enforceability provisions specific to the governing state.

Federal Law Considerations: Bankruptcy Code provisions, federal project requirements, and Miller Act requirements for federal construction projects.

Waiver-Specific Requirements: Requirements for conditional vs. unconditional waivers, progress vs. final waivers, timing of payments, through-date specifications, and retention rights.

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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