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Partial Conditional Lien Waiver for the United States

Partial Conditional Lien Waiver Template for United States

A Partial Conditional Lien Waiver is a legal document used in U.S. construction projects where a contractor, subcontractor, or supplier waives their right to file a mechanics lien for a portion of work completed, conditional upon receiving a specific payment. This document is governed by state-specific mechanics lien laws and must comply with local statutory requirements regarding format, content, and execution.

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Partial Conditional Lien Waiver

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What is a Partial Conditional Lien Waiver?

The Partial Conditional Lien Waiver is a crucial document in U.S. construction payment processes, used when partial payment is made for ongoing work. This document provides protection for both property owners and contractors by releasing lien rights for specific completed work while maintaining rights for unpaid work. The conditional nature means the waiver only becomes effective upon receipt of the specified payment. State laws govern the format and requirements of these waivers, with some states mandating specific statutory forms.

What sections should be included in a Partial Conditional Lien Waiver?

1. Project Information: Details of the construction project including project name, location, property owner, and general contractor information

2. Payment Information: Specific details about the payment received or to be received, including amount, date, and payment period covered

3. Waiver Scope: Detailed description of the specific lien rights being waived, conditioned upon receipt of payment

4. Reservation of Rights: Statement of rights retained by the contractor for unpaid amounts or future work

5. Signature Block: Space for authorized signature, date, and company information of the party waiving lien rights

What sections are optional to include in a Partial Conditional Lien Waiver?

1. Notarization Block: Section for notary acknowledgment when required by state law or contract terms

2. Prior Payment Acknowledgment: Section acknowledging receipt of previous payments and current payment status

3. Through-Date Statement: Specific statement of the date through which the waiver applies

What schedules should be included in a Partial Conditional Lien Waiver?

1. Schedule A - Payment Details: Itemized breakdown of work completed and corresponding payment amounts

2. Schedule B - Project Scope: Detailed description of work covered by the waiver and any excluded work

3. Schedule C - State-Specific Requirements: Additional terms or statements required by specific state lien laws

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 varying requirements across different states

Uniform Commercial Code: Federal commercial regulations that may affect lien rights and construction contracts across states

Federal Bankruptcy Laws: Laws that could impact lien rights and their enforcement in case of bankruptcy proceedings

State Notarization Requirements: State-specific rules regarding whether and how lien waivers must be notarized

Statutory Language Requirements: State-mandated specific language or disclaimers that must be included in lien waivers

Timing Requirements: State-specific rules regarding when lien waivers can be executed and their effective periods

Format Requirements: State-specific requirements for the format and structure of lien waiver documents

State Construction Laws: General construction laws that may affect the validity and enforcement of lien waivers

Prompt Payment Acts: State and federal laws governing timing of payments in construction projects and their interaction with lien waivers

Little Miller Acts: State-level laws modeled after the federal Miller Act, governing payment bonds on public construction projects

State Case Law: Relevant court decisions and precedents regarding the interpretation and enforcement of conditional 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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