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Contractor Waiver And Release Form for the United States

Contractor Waiver And Release Form Template for United States

A Contractor Waiver and Release Form is a legal document used in the United States that provides protection for project owners and general contractors by obtaining a release of claims from contractors, subcontractors, or suppliers in exchange for payment. This document confirms that payment has been received (or will be received) and that the contractor waives their right to file mechanics liens or make other claims related to the work performed up to a specific date or payment amount.

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What is a Contractor Waiver And Release Form?

The Contractor Waiver And Release Form is a crucial document in construction and development projects across the United States. It serves as a legal safeguard ensuring that once a contractor receives payment for their work, they waive their rights to file liens or make claims against the property or project owner. This document is typically required before final or progress payments are released and is especially important in larger construction projects where multiple contractors and subcontractors are involved. The form helps prevent double payment scenarios and provides clarity regarding the settlement of obligations between parties.

What sections should be included in a Contractor Waiver And Release Form?

1. Parties: Identification of contractor and hiring party with full legal names and addresses

2. Background: Brief description of the project and context for the waiver

3. Definitions: Key terms used in the document including 'Work', 'Project', 'Claims', etc.

4. Waiver Statement: Clear statement of rights being waived

5. Payment Acknowledgment: Confirmation of payment received or to be received

6. Execution: Signature blocks and date

What sections are optional to include in a Contractor Waiver And Release Form?

1. Conditional Release: Section used when release is contingent on payment - typically included for progress payments or when payment hasn't been received

2. Exceptions: Section specifying claims or rights not being waived - used when certain claims need to be preserved

3. Indemnification: Additional protection provisions for the hiring party - used when additional risk protection is needed

What schedules should be included in a Contractor Waiver And Release Form?

1. Schedule A - Project Description: Detailed description of work performed

2. Schedule B - Payment Details: Breakdown of payments received or to be received

3. Schedule C - Subcontractor List: List of subcontractors if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Release of Lien

Cost

Free to use
Clauses




















Industries

Federal Labor Laws: Fair Labor Standards Act (FLSA) and related federal regulations governing contractor relationships and labor standards

Internal Revenue Code: Federal tax regulations regarding proper classification and treatment of independent contractors

Civil Rights Legislation: Federal Civil Rights Act and related non-discrimination provisions applicable to contractor relationships

State Labor Codes: State-specific labor regulations and requirements governing contractor relationships

State Licensing Requirements: State-specific contractor licensing and certification requirements

State Lien Laws: State-specific mechanics' lien laws and requirements for valid lien waivers

Contract Formation Laws: Common law principles governing valid contract formation, consideration, and enforcement

Unconscionability Doctrine: Legal principle preventing enforcement of grossly unfair or one-sided contract terms

Construction Defect Laws: State-specific laws governing construction defects and related liability

Bond Requirements: Payment and performance bond requirements for construction projects

Liability Laws: State-specific laws governing liability limitations and indemnification requirements

Statute of Limitations: State-specific time limits for filing claims and notice requirements

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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