The Conditional Waiver And Release On Progress Payment is a crucial document in U.S. construction project management, used when partial payments are made for completed work. It serves as a safeguard for both parties by ensuring that contractors and suppliers release their lien rights for work completed up to a certain date, but only after receiving the agreed-upon payment. This document is particularly important in states with strict mechanics lien laws and is often required before progress payments are released. The conditional nature of the waiver protects contractors and suppliers by ensuring their lien rights remain intact until payment is actually received.
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1. Identification of Parties: Names and details of the claimant and party making payment
2. Project Information: Description of the project and property location
3. Payment Amount: Specific amount of the progress payment being made
4. Conditional Statement: Statement that the waiver is conditional upon receipt of payment
5. Scope of Release: Description of what claims are being waived
1. Through Date: Specific date through which the waiver applies - used when the waiver needs to be limited to a specific time period
2. Exceptions: List of specific claims or rights not being waived - used when certain claims need to be preserved
3. Payment Details: Specific payment method and timing - used when payment terms need to be explicitly stated
1. Schedule of Work Completed: Detailed list of work completed for which payment is being made
2. Payment Schedule: Breakdown of payment amounts and dates if multiple payments are involved
3. Prior Lien Waivers: Copies of any previous lien waivers related to the project
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