The Conditional Lien Waiver is a crucial document in U.S. construction payment processes, protecting both payers and payees. It is commonly used when making progress payments or final payments on construction projects, providing assurance to property owners while protecting contractors' rights to payment. The conditional nature ensures that lien rights are only waived after payment is received, unlike an unconditional waiver. The document typically includes project details, payment amount, and specific work covered by the waiver. State laws often regulate the format and content of these waivers, with some jurisdictions requiring statutory forms.
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1. Project Identification: Details of the construction project, including address and description
2. Parties: Identification of the party giving the waiver and the party receiving it
3. Payment Amount: Specific amount of payment being waived conditional upon receipt
4. Waiver Statement: Explicit conditional waiver language tied to receipt of payment
5. Date and Signature: Execution date and authorized signature
1. Through Date: Specific date through which the waiver applies, used for progress payments
2. Exceptions: List of any retained rights or claims, used when certain claims are being preserved
3. Notarization: Notary acknowledgment, required in some jurisdictions
1. Schedule A - Payment Details: Itemized list of work or materials covered by the waiver
2. Schedule B - Project Description: Detailed description of the project and scope of work, if needed
3. Schedule C - Supporting Documents: Copies of invoices or payment applications referenced in the waiver
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