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Unconditional Waiver And Release On Progress Payment for the United States

Unconditional Waiver And Release On Progress Payment Template for United States

An Unconditional Waiver and Release on Progress Payment is a legal document used in U.S. construction projects where a party receiving payment waives their rights to file a mechanics lien or make claims for work completed up to a specific payment amount. Unlike conditional waivers, this waiver is effective immediately upon execution, regardless of whether payment has been received. The document must comply with state-specific requirements, as mechanics lien laws vary by jurisdiction.

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Unconditional Waiver And Release On Progress Payment

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What is a Unconditional Waiver And Release On Progress Payment?

The Unconditional Waiver And Release On Progress Payment is a critical document in the construction payment process across U.S. jurisdictions. It is typically used when a contractor, subcontractor, or supplier has received a progress payment and needs to provide immediate assurance to the paying party that all lien rights related to that payment are waived. This document is more definitive than a conditional waiver as it takes effect immediately upon execution, regardless of payment verification. It should be used only when payment has actually been received and cleared, as the waiver cannot be revoked even if the payment is later dishonored. The document must include specific information about the project, payment amount, and parties involved, while complying with state-specific statutory requirements.

What sections should be included in a Unconditional Waiver And Release On Progress Payment?

1. Title and Date: Document identification and effective date

2. Parties: Identification of the claimant and the party making payment

3. Payment Amount: Specific amount received as progress payment

4. Project Information: Details of the construction project and property location

5. Waiver Statement: Explicit unconditional waiver language for rights up to the payment amount

6. Signature Block: Execution section including date and signatures

What sections are optional to include in a Unconditional Waiver And Release On Progress Payment?

1. Notarization Block: Required in some jurisdictions for document validity - use when required by state law or requested by parties

2. Exception Claims: Listing of any claims specifically excluded from the waiver - use when certain claims need to be preserved

3. Prior Rights Reservation: Preservation of rights for prior unpaid work - use when there are outstanding previous payments

What schedules should be included in a Unconditional Waiver And Release On Progress Payment?

1. Schedule A - Project Details: Detailed description of the project scope and location

2. Schedule B - Payment Details: Breakdown of the progress payment amount and work completed

3. Schedule C - Outstanding Claims: List of any preserved claims or rights not 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 Mechanics Lien Laws: Each state has its own mechanics lien laws governing construction payments and lien rights. Some states like California have mandatory statutory forms. Requirements for waiver and release forms vary by jurisdiction.

Federal and State Contract Laws: Key regulations including the Uniform Commercial Code (UCC) and state-specific contract formation and enforcement laws, plus consideration requirements for valid contracts.

Construction Law: Federal and state construction payment regulations, including Prompt Payment Acts and Little Miller Acts (state versions of the Miller Act) that govern construction payment rights.

State-Specific Documentation Requirements: Various state requirements for document validity including notarization, witness signatures, specific statutory language, and format/content requirements.

Legal Precedents: Relevant case law regarding enforceability of waivers and court interpretations distinguishing unconditional vs. conditional waivers in construction payment context.

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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