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General Contractor Lien Waiver Affidavit for the United States

General Contractor Lien Waiver Affidavit Template for United States

A General Contractor Lien Waiver Affidavit is a legal document used in the United States construction industry where a general contractor swears under oath that they have received payment for work performed and waives their right to file a mechanic's lien against the property. The document typically requires notarization and must comply with state-specific construction lien laws. It serves as protection for property owners and evidence of payment for contractors.

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General Contractor Lien Waiver Affidavit

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What is a General Contractor Lien Waiver Affidavit?

The General Contractor Lien Waiver Affidavit is a crucial document in U.S. construction projects, typically required when contractors receive payment for completed work. It combines two important elements: a lien waiver releasing rights to file a mechanic's lien, and an affidavit sworn under oath confirming payment receipt and often verifying that subcontractors and suppliers have been paid. This document is commonly required by property owners, lenders, and title companies to ensure clear property title and prevent future lien claims. State laws vary significantly regarding format and requirements.

What sections should be included in a General Contractor Lien Waiver Affidavit?

1. Identification of Parties: Details of the general contractor and property owner

2. Property Description: Legal description of the property where work was performed

3. Payment Acknowledgment: Statement confirming receipt of specified payment

4. Lien Waiver Statement: Formal waiver of lien rights for specified work/payment

5. Affidavit Statement: Sworn statement regarding payment of subcontractors and suppliers

What sections are optional to include in a General Contractor Lien Waiver Affidavit?

1. Conditional Waiver Clause: Used when waiver is contingent on payment clearing - applicable when payment is pending or not yet cleared

2. Subcontractor List: Detailed list of all subcontractors and their payment status - used when required by owner or for complex projects

3. Progress Payment Details: Breakdown of work completed and payments made to date - used for partial lien waivers during ongoing projects

What schedules should be included in a General Contractor Lien Waiver Affidavit?

1. Schedule A - Payment Details: Itemized list of payments received and work completed

2. Schedule B - Subcontractor Information: Complete list of subcontractors with contact information and payment status

3. Schedule C - Project Scope: Detailed description of work performed under the contract

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Release of Lien

Cost

Free to use
Clauses




















Industries

State Mechanics Lien Laws: State-specific laws governing mechanics liens, including statutory forms, specific requirements for lien waivers, and timing requirements for filing liens. Each state has its own distinct regulations.

Federal Contract Law: Fundamental contract law principles at the federal level that govern construction contracts and lien waivers, including Uniform Commercial Code (UCC) and fair business practice regulations.

State Notice Requirements: State-specific requirements for notices, including statutory deadlines, required language or disclaimers, and notarization requirements for lien waivers and affidavits.

Contractor Licensing Regulations: State-level contractor licensing requirements and related regulations that affect the validity of lien waivers and construction contracts.

Construction Payment Laws: Laws governing construction payment provisions, including progress payment requirements and retainage regulations that impact lien waiver timing and validity.

Notary Requirements: State-specific notary public laws and requirements for properly executing and notarizing lien waiver affidavits.

Conditional vs Unconditional Waivers: State regulations regarding whether conditional or unconditional waivers are permitted and under what circumstances they may be used.

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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