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Simple Lien Waiver for the United States

Simple Lien Waiver Template for United States

A Simple Lien Waiver is a legal document used in the United States construction industry where a party relinquishes their right to file a mechanics lien against a property in exchange for payment. The document must comply with state-specific requirements, as lien laws vary by jurisdiction. It serves as a receipt of payment and protection for property owners against double payment claims.

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Simple Lien Waiver

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What is a Simple Lien Waiver?

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.

What sections should be included in a Simple Lien Waiver?

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

What sections are optional to include in a Simple Lien Waiver?

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)

What schedules should be included in a Simple Lien Waiver?

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

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-Specific Mechanics Lien Laws: Primary state legislation governing mechanics liens, including mandatory statutory forms, prohibited clauses, and state-specific requirements for lien waivers

Property Laws: State-specific property codes, real property statutes, and construction/contractor regulations that affect property rights and liens

Uniform Commercial Code: Article 9 regarding secured transactions and provisions related to the release of security interests in property

Contract Law Principles: Fundamental legal principles including consideration requirements, capacity to contract, and clear language requirements for valid contracts

Consumer Protection Laws: State and federal consumer protection regulations that may apply to lien waivers in certain situations

Construction Industry Regulations: State contractor licensing requirements, building codes, and payment/performance requirements specific to the construction industry

Federal Laws: Federal regulations including the Miller Act, federal construction regulations, and federal contract requirements for government projects

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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