The Simple Lien Waiver is a fundamental document in U.S. construction law that protects both property owners and contractors. It is typically used when a contractor, subcontractor, or supplier receives payment for work or materials provided to a construction project. The document confirms receipt of payment and waives the right to file a mechanics lien against the property. State laws govern the format and content of lien waivers, with some states requiring specific statutory forms. A Simple Lien Waiver should clearly identify the parties, project, and payment amount, and may be either conditional or unconditional depending on payment status.
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1. Identification of Parties: Names and details of the waiving party and the party receiving the waiver
2. Project Information: Details of the construction project including property address and description
3. Payment Amount: Specific amount received or to be received in exchange for the waiver
4. Waiver Statement: Express waiver of lien rights
5. Signature Block: Space for dated signatures and notarization
1. Conditional Language: Language making the waiver conditional upon receipt of payment (used when payment has not yet been received)
2. Warranty of Authority: Statement confirming signer's authority to execute waiver (used when signer is acting on behalf of an entity)
3. Reservation of Rights: Statement preserving rights for unpaid retainage or pending changes (used when waiver should not apply to certain claims or amounts)
1. Payment Schedule: Detailed breakdown of payments received or to be received
2. Project Scope: Description of work performed or materials provided
3. Prior Liens: List of any previously filed liens being waived
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