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Waiver And Release Of Lien Template for United States

A Waiver and Release of Lien is a legal document used in the United States construction industry that extinguishes a party's right to file or maintain a mechanics lien against a property. The document confirms receipt of payment and releases any claims to additional compensation for work performed. Its format and requirements vary by state, with some jurisdictions requiring specific statutory forms.

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What is a Waiver And Release Of Lien?

A Waiver And Release Of Lien is commonly used in construction and property improvement projects across the United States when a contractor, subcontractor, or supplier has received payment for their work or materials. This document serves as legal evidence that the party receiving payment relinquishes their right to file or maintain a mechanics lien against the property. It protects property owners and general contractors from future lien claims while ensuring proper payment documentation. The specific requirements and format may vary by state, with some jurisdictions mandating particular statutory forms.

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

1. 1. Identification of Parties: Details of the lien holder and property owner/contractor, including full legal names, addresses, and any relevant registration numbers

2. 2. Property Description: Legal description of the property subject to the lien, including address, lot number, and any other identifying details

3. 3. Payment Amount: Statement of consideration received for the release, including the exact amount paid and payment method

4. 4. Release Statement: Explicit waiver and release of lien rights, including reference to specific work performed and time period covered

5. 5. Signature Block: Formal execution section including signatures, dates, and notarization requirements

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

1. Conditional Release Language: Additional provisions specifying that the release only becomes effective upon receipt of payment

2. Partial Release Provisions: Specific language defining which portion of work or claims are being released while preserving others

3. Reservation of Rights: Specific provisions preserving certain rights or claims outside the scope of the release

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

1. Schedule A - Payment Details: Detailed breakdown of payments received or pending, including dates and amounts

2. Schedule B - Project Scope: Comprehensive description of work performed or materials furnished

3. Schedule C - Original Lien Documentation: Copies or references to original lien filings and related documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Ƶ

Document Type

Release of Lien

Cost

Free to use

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