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Interim Lien Waiver for the United States

Interim Lien Waiver Template for United States

An Interim Lien Waiver is a legal document used in United States construction projects that provides a partial waiver of lien rights in exchange for payment for work completed to date. The document serves as a receipt for payment and waives the right to file a mechanics lien for the amount paid, while preserving lien rights for unpaid work. Requirements vary by state, with some jurisdictions mandating specific statutory forms.

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What is a Interim Lien Waiver?

The Interim Lien Waiver is a crucial document in U.S. construction projects, typically used during ongoing projects when partial payments are made. It protects property owners and lenders by ensuring that contractors and subcontractors waive their right to file mechanics liens for work they've been paid for, while maintaining lien rights for unpaid work. The document is commonly required before progress payments are released, and its format and content must comply with state-specific regulations, with some states mandating specific statutory forms.

What sections should be included in a Interim Lien Waiver?

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

2. Identification of Parties: Information about the contractor, subcontractor, and property owner

3. Payment Information: Amount received and details of the payment being acknowledged

4. Waiver Statement: Explicit waiver language for lien rights up to a specific date or payment amount

5. Execution: Signature blocks and notarization section

What sections are optional to include in a Interim Lien Waiver?

1. Conditional Waiver Language: Used when payment has not yet been received but will be waived upon payment

2. Exceptions: List of specific claims or rights being reserved, used when certain disputes or claims exist

3. Additional Certifications: Used for specific state requirements or owner demands

What schedules should be included in a Interim Lien Waiver?

1. Schedule of Values: Detailed breakdown of work completed and amounts billed

2. Payment History: Record of previous payments received, if relevant

3. Supporting Documentation: Any required proof of payment or work completion

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-Specific Mechanics Lien Laws: Primary state legislation governing mechanics liens, including statutory forms, specific language requirements, and timing requirements for filing liens. Each state has its own distinct requirements.

State Contract Laws: General contract formation requirements, consideration requirements, and enforceability provisions that vary by state jurisdiction.

Construction Law: State-specific construction statutes, payment and performance requirements, and notice requirements governing construction projects.

Uniform Commercial Code (UCC): Particularly Article 3 (Negotiable Instruments) and Article 9 (Secured Transactions) which may affect lien rights and enforcement.

Federal Laws: Including the Prompt Payment Act and Miller Act for federal projects, and Small Business Act where applicable to the construction project.

State Consumer Protection Laws: Legislation protecting consumer rights in construction projects, including disclosure requirements and cancellation rights, particularly relevant for residential construction.

State-Specific Forms: Mandatory state-specific waiver forms, statutory language requirements, and required notices or warnings that must be included in lien waivers.

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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