Waiver of Lien

Protect yourself and your family now buy a Waiver of Lien from devastating lawsuits

Waiver of lien is a document or signed legal agreement from a service provider such as contractor, subcontractor, supplier, materials man or other party to the claimant (construction project) stating that they are fully paid and waive any future lien rights to the disputed property of owner.

 

A lien waiver defends you in case a contractor or subcontractor sends you the bill and places a lien on your house, or claims for your property, if a home contractor or builder did not pay them for the given work. For an instance, if you hire a contractor for construction of your home and the contractor hires subcontractor to handle the job. You pay the full payment to the contractor and contractor had to pay the subcontractor but in case he doesn’t pay, subcontractor places a lien on your home in order to get the payment he worked for. So waiver of lien will protect you in that case.

Basically there are four types of lien waivers:

  • Conditional waiver on final payment which is the safest waiver for claimants as it waives all claimant rights upon receipt of payment.
  • Unconditional waiver on final payment which is the finest waiver for owners as it waives all claimant rights upon receipt of payment.
  • Conditional waiver on progress payment which waives all claimant rights through a specific date provided the payment is actually received and processed.
  • Unconditional waiver on progress payment which waives all claimant rights through a specific date with no specifications.

You must remember that even if you have signed the waivers, you need to keep appropriate records during the entire session of construction so as to avoid any dispute regarding payments

Example Waiver of Lien

LIEN WAIVER
DATE:    RECEIVED OF: [ORGANIZATION] on behalf of
(Owner)    the sum of
Dollars ($
)
constituting payment in FULL / PART of all demands for labor, services, machinery, tools, equipment, or materials furnished in connection with the construction, alteration, work, improvement, rehabilitation, addition to or repair of the structure or improvement of the
Owner’s property located at through,
Agreement No.
_____________________________________    (the “Property”) .    This payment is made in accord with the terms of the
. In consideration for this payment,
I voluntarily waive, relinquish and absolutely release forever all right or claim to a mechanic’s lien against the Property pursuant to the laws of the State of [YOUR STATE]. By signing this Waiver, I acknowledge that I am under no constraint and that I knowingly and voluntarily sign below.
Contractor’s or sub-contractors    Witness company name (Print)
Name of individual signing lien waiver (Print)
Signature

Waiver of Lien Resources

Waiver of Lien Forms

Waiver of lien Question and Answers

Mary asks…

Contractor partial waiver of lien and release?

I have finished all of the work for a client and received about 70% of the payment . The client has disputed the work  and wants me to sign a partial waiver oflien . I am affraid that if I sign the waiver of lien i will never be able to collect the rest of the money owed.

admin answers:

If you have full filled your contract then do not release any liens as a judge could say you agree the work was not completed

Joseph asks…

What is a Waiver of Lien to Date?

How would you explain what a waiver of lien is?

admin answers:

Laws vary from state to state of course, in many states contractors can put a waiver of lien lien (think mortgage) on a real estate parcel in order to try to collect unpaid bills for construction or remodeling work. This is commonly known as a mechanic’s lien.

Hope this helps.

Mandy asks…

Can my secretary sign a waiver of lien?

can a secretary of a subcontractor sign a waiver of lien?

admin answers:

Yes he is designated to do so.

Charles asks…

How to get a real estate lien waiver?

Just found out that my investment propery  has a waiver of lien as we did not pay the property taxes

admin answers:

As soon as the lien is paid request a “Lien Release” .

Sandra asks…

How do I get a lien taken off my house, even after they signed a lien waver?

I made my roofer sign a lien waiver form before he started the roofing job. The contract was for 6500, but i went a head and payed him 7500. He didn’t contact me once during the roofing job but afterward he told me that I need to pay him 9830. I told him he was crazy, you can’t do work on someone house, then after your done, up the price without contacting someone. Plus I have a leak and he put nail holes all over my ceiling, he used too long of nails for the flat roof. He went a head and put a lien on my house. I called down town and they told me he is the only one that can take the lien off.

admin answers:

You need to sue him. The lien will only come off one of three ways: (1) it lapses by itself after a certain amount of time, (2) he “removes” it, or (3) a court orders it be removed.