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.
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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
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
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
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