Subcontractor Final Lien Waiver Form for the United States

Subcontractor Final Lien Waiver Form Template for United States

A Subcontractor Final Lien Waiver Form is a legal document used in the United States construction industry that, when executed, waives and releases a subcontractor's right to place a mechanic's lien on a property for work performed or materials supplied. This document is typically executed upon receipt of final payment and serves as confirmation that all payments have been received and no further claims will be made. The specific requirements and format vary by state, with some jurisdictions requiring statutory forms.

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What is a Subcontractor Final Lien Waiver Form?

The Subcontractor Final Lien Waiver Form is a critical document in construction project closeout procedures across the United States. It provides protection for property owners and general contractors by ensuring that subcontractors cannot file future liens after receiving final payment. The document typically includes project details, payment information, and specific waiver language required by state law. It becomes particularly important in construction financing and property sales, where clear title must be demonstrated. Many states have specific statutory requirements for these forms, making it essential to use jurisdiction-appropriate versions.

What sections should be included in a Subcontractor Final Lien Waiver Form?

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

2. Parties: Identification of the waiving party (subcontractor) and receiving party (contractor/owner), including full legal names and addresses

3. Payment Amount: Specific amount received or to be received as final payment, including all previous payments received to date

4. Waiver Statement: Explicit waiver of lien rights and claims against the property, owner, and contractor

5. Execution Block: Signature lines, date, and notary section as required by state law

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

1. Conditional Language: Section containing conditional waiver language to be used when the waiver is given before actual receipt of payment

2. Exceptions Statement: Section listing any specifically retained rights or claims that are not being waived

3. Payment Bond Rights: Section specifically addressing the waiver of rights under payment bonds for public projects

What schedules should be included in a Subcontractor Final Lien Waiver Form?

1. Payment Schedule: Detailed breakdown of all payments received to date under the subcontract

2. Project Scope: Detailed description of work performed under the subcontract that is subject to this waiver

3. Outstanding Claims List: Schedule listing any retained or excepted claims, if applicable to 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 Mechanic's Lien Laws: State-specific legislation governing mechanics liens, including statutory lien waiver forms and specific language requirements for lien waivers to be valid

Federal Miller Act: Federal law (40 USC �� 3131-3134) governing payment protection on federal construction projects, including bond requirements and waiver considerations

Little Miller Acts: State-level equivalents of the Federal Miller Act that govern payment protection on state public construction projects

State Construction Laws: State-specific construction law requirements, including contractor licensing requirements and notice provisions

Uniform Commercial Code: Commercial law framework that governs business transactions, including contract principles applicable to construction agreements

State Contract Law: State-specific contract law requirements governing formation, consideration, and enforcement of contractual agreements

State Notarization Requirements: State-specific requirements for notarization of lien waivers and related construction documents

Waiver Timing Regulations: State laws governing the timing and sequence of lien waivers in construction projects

Conditional vs. Unconditional Waiver Rules: Legal requirements distinguishing between conditional and unconditional lien waivers and their respective applications

Consumer Protection Laws: State and federal regulations ensuring clear, unambiguous language and fair practices in construction contracts and waivers

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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