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Contractor's Final Release And Waiver Of Lien for the United States

Contractor's Final Release And Waiver Of Lien Template for United States

A legal document used in the United States construction industry where a contractor acknowledges receipt of final payment and waives any rights to file a mechanics lien against the property. The document serves as confirmation that all payments have been received and releases the property owner from future claims related to the work performed. Requirements and formats vary by state, with some jurisdictions requiring specific statutory forms.

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Contractor's Final Release And Waiver Of Lien

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What is a Contractor's Final Release And Waiver Of Lien?

The Contractor's Final Release And Waiver Of Lien is a critical document in construction project closeout procedures across the United States. It is typically executed when a contractor has completed all work and received final payment. This document protects property owners from future liens or claims while providing documentation that the contractor has been fully compensated. State laws govern the format and requirements, with some jurisdictions mandating specific statutory forms. The document should clearly identify the project, parties involved, and payment details, and typically requires notarization.

What sections should be included in a Contractor's Final Release And Waiver Of Lien?

1. Project Identification: Details of the specific project including address and contract reference

2. Payment Acknowledgment: Confirmation of receipt of final payment amount, stating the exact sum received

3. Release Language: Specific waiver and release of lien rights, claims, and demands against the property

4. Representation of Authority: Statement of signatory's authority to execute the release and bind the contractor

5. Execution Block: Signature, date, and notary section with required formalities

What sections are optional to include in a Contractor's Final Release And Waiver Of Lien?

1. Conditional Release Language: Used when the release is contingent upon receipt of final payment or other conditions

2. Reservation of Rights: Used when certain claims or rights are being preserved despite the general release

3. Indemnification: Used when additional protection is required for owner/general contractor against future claims

What schedules should be included in a Contractor's Final Release And Waiver Of Lien?

1. Schedule A - Project Details: Detailed description of project scope, location, and relevant contract information

2. Schedule B - Payment Details: Breakdown of all payments received and final payment amount being acknowledged

3. Schedule C - Subcontractor Releases: Collection of lien waivers from subcontractors and suppliers (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

State Mechanics Lien Laws: State-specific statutes governing mechanics liens, including requirements for lien waivers, statutory forms, and restrictions on advance waivers. Each state has its own distinct requirements.

Federal Miller Act: Federal law requiring payment bonds on federal construction projects to protect subcontractors and suppliers, must be considered for federal projects.

State Little Miller Acts: State-level equivalents of the Federal Miller Act, applying to state public construction projects and establishing bond requirements.

State Contract Laws: General contract law principles including consideration requirements, enforceability standards, and statute of frauds provisions that affect the validity of the waiver.

State Construction Laws: Specific requirements for construction contracts, including notice requirements, timing requirements for lien claims, and other construction-specific regulations.

State Documentation Requirements: Technical requirements for document validity including notarization, witness signatures, recording requirements, and specific format and language requirements.

UCC Article 9: Uniform Commercial Code provisions governing security interests, including perfection and priority rules that may affect lien rights.

Bankruptcy Code: Federal bankruptcy laws that impact lien rights and include preference period considerations in the context of contractor payments and releases.

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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