Waiver Of Lien Labor And Materials for the United States

Waiver Of Lien Labor And Materials Template for United States

A Waiver of Lien for Labor and Materials is a legal document used in the United States construction industry where a contractor, subcontractor, or supplier relinquishes their right to file a mechanics' lien against a property for work performed or materials supplied. The document is governed by state-specific mechanics' lien laws and must comply with local statutory requirements. It serves as protection for property owners and can be either conditional (upon payment) or unconditional, and either partial (for progress payments) or final.

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What is a Waiver Of Lien Labor And Materials?

The Waiver Of Lien Labor And Materials is a crucial document in the U.S. construction industry that helps manage risk and ensure smooth payment processes. It is typically required before payment is released for construction work or materials, protecting property owners from double payment risks and helping maintain clear title to the property. The document must comply with state-specific requirements, as mechanics' lien laws vary by jurisdiction. It can be used for both progress payments and final payments, and may be either conditional or unconditional. Property owners, lenders, and title companies often require these waivers as part of their standard documentation process.

What sections should be included in a Waiver Of Lien Labor And Materials?

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

2. Parties: Identification of waiving party and beneficiary

3. Payment Amount: Statement of consideration received or expected

4. Waiver Statement: Express waiver of lien rights

5. Scope of Waiver: Whether partial or final, through what date

6. Signature Block: Execution section with notarization requirement

What sections are optional to include in a Waiver Of Lien Labor And Materials?

1. Conditional Language: Used when waiver is contingent on payment - typically included for progress payments or when payment hasn't been received

2. Reservation of Rights: Preserves certain rights or claims - used when waiving party wants to preserve specific claims

3. Release of Claims: Broader release of other claims beyond liens - included when requested by owner/general contractor

What schedules should be included in a Waiver Of Lien Labor And Materials?

1. Schedule of Work Performed: Itemized list of labor and materials provided

2. Payment History: Record of payments received to date

3. Contract References: List of relevant contract documents

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: State-specific statutes governing mechanics' liens, including varying requirements for lien waivers, statutory forms, and restrictions on advance lien waivers. Each state maintains its own distinct regulations in this area.

Construction Lien Laws: Federal and state regulations governing construction liens, including rights of contractors, subcontractors, and material suppliers, along with specific timing requirements for filing liens.

Uniform Commercial Code (UCC): Article 9 of the UCC regarding secured transactions and provisions relating to security interests in materials used in construction projects.

State Contract Laws: Basic contract formation requirements, consideration requirements, and enforceability provisions that vary by state and govern the fundamental aspects of the waiver agreement.

State-Specific Notice Requirements: Legal requirements for preliminary notices, notices of commencement, and notices of completion that must be followed in construction projects and lien processes.

Federal Construction Laws: The Miller Act for federal construction projects, state-equivalent Little Miller Acts, and Fair Labor Standards Act requirements affecting construction work and payments.

State Consumer Protection Laws: Specific requirements for residential construction and homeowner protection provisions that may affect the validity and enforcement of lien 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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