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Final Unconditional Lien Waiver for the United States

Final Unconditional Lien Waiver Template for United States

A Final Unconditional Lien Waiver is a legal document used in the United States construction industry that permanently waives a party's right to file a mechanics lien against a property for work performed or materials supplied. This document is typically used after final payment has been received and confirms that all payments have been made in full. Unlike conditional waivers, this form is effective immediately upon execution, regardless of whether payment has actually been received.

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Final Unconditional Lien Waiver

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What is a Final Unconditional Lien Waiver?

The Final Unconditional Lien Waiver is a crucial document in U.S. construction projects that provides definitive confirmation that a contractor, subcontractor, or supplier has received full payment and waives all rights to file a mechanics lien against the property. This document is typically used at the completion of a project or phase when final payment has been received. It offers property owners and general contractors protection against future lien claims and is often required for project closeout. The unconditional nature means the waiver is effective immediately upon signing, making it a powerful but potentially risky document for the waiving party.

What sections should be included in a Final Unconditional Lien Waiver?

1. Project Information: Details of the construction project, including address and project name

2. Parties: Identification of the waiving party and the party receiving the waiver

3. Payment Amount: Specific amount received in exchange for the waiver

4. Waiver Statement: Clear statement waiving and releasing any lien rights

5. Signature Block: Space for signature, date, and notary if required

What sections are optional to include in a Final Unconditional Lien Waiver?

1. Through Date: Specific date through which the waiver applies, used when needed to limit scope

2. Exception Claims: List of any claims specifically excluded from the waiver, used when certain claims are being preserved

3. Contract Reference: Reference to specific contract or agreement, used when multiple contracts exist

What schedules should be included in a Final Unconditional Lien Waiver?

1. Payment Schedule: Detailed breakdown of payments received, if multiple payments are involved

2. Project Scope: Description of work completed, used in complex projects

3. Supporting Documents: List of related documents such as payment receipts or prior conditional waivers

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

Waiver

Cost

Free to use
Clauses














Industries

State-Specific Mechanics Lien Laws: Primary state legislation governing mechanics liens, including statutory forms, state-specific requirements, and restrictions on waiver language. Each state has unique requirements that must be followed.

State Contract Laws: General contract formation requirements, consideration requirements, and enforceability provisions specific to the state where the lien waiver will be used.

Federal Law Considerations: Relevant federal laws including Bankruptcy Code implications and federal contract principles that may affect the lien waiver's enforceability.

State-Specific Documentation Requirements: Technical requirements including notarization requirements, mandatory statutory language, specific formatting requirements (font size, bold text), and conditions on waiver types.

Industry Standards: Construction industry best practices and standards, including American Institute of Architects (AIA) guidelines for lien waivers 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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