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Partial Waiver Of Lien And Contractor's Affidavit for the United States

Partial Waiver Of Lien And Contractor's Affidavit Template for United States

A Partial Waiver of Lien and Contractor's Affidavit is a legal document used in U.S. construction projects where a contractor waives their right to file a mechanic's lien for work completed and payments received up to a specific date, while retaining lien rights for future work and payments. The document includes both a waiver component and a sworn affidavit confirming payment status to subcontractors and suppliers. This document is governed by state-specific mechanics lien laws and must comply with local statutory requirements for form and content.

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Partial Waiver Of Lien And Contractor's Affidavit

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What is a Partial Waiver Of Lien And Contractor's Affidavit?

The Partial Waiver of Lien and Contractor's Affidavit is a crucial document in the construction payment process, typically required before progress payments are released. It serves dual purposes: protecting property owners from double payment claims while allowing contractors to receive regular payments for completed work. This document is commonly used in phases throughout a construction project, with each waiver covering work completed and payments received up to a specific date. State laws vary significantly regarding the required format and content of these waivers, with some states mandating specific statutory forms. The affidavit portion helps ensure transparency in payment flow through the contract chain.

What sections should be included in a Partial Waiver Of Lien And Contractor's Affidavit?

1. Project Identification: Details of the construction project including address and legal description

2. Payment Acknowledgment: Statement of payments received to date and current payment being processed

3. Waiver Statement: Explicit waiver language for liens up to the payment date

4. Contractor's Affidavit: Sworn statement regarding payments to subcontractors and suppliers

5. Notarization Block: Space for notary acknowledgment

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

1. Conditional Waiver Language: Additional language used when the waiver is contingent upon receipt of payment

2. Subcontractor List: Detailed list of all subcontractors and amounts owed/paid, included when required by owner or general contractor

3. Material Supplier List: List of material suppliers and payment status, included when required by owner or general contractor

What schedules should be included in a Partial Waiver Of Lien And Contractor's Affidavit?

1. Schedule A - Payment Details: Itemized list of payments received and work completed

2. Schedule B - Subcontractor Payment Status: Detailed status of payments to all subcontractors

3. Schedule C - Outstanding Claims: List of any pending or potential claims related to the project

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 Mechanic's Lien Laws: State-specific regulations governing mechanics liens, including specific requirements for lien waivers, statutory forms if mandated, and restrictions on advance lien waivers

State Contract Laws: General contract formation requirements, consideration requirements, and enforceability provisions applicable in the jurisdiction

Construction Law: State-specific construction regulations, building codes and compliance requirements, and contractor licensing requirements

Labor Laws: Federal Labor Standards Act provisions, state labor laws, wage and hour requirements, and worker classification rules

Property Laws: Real property statutes, recording requirements, and property description requirements for the jurisdiction

Notary Requirements: State-specific notarization rules, affidavit requirements, and witness requirements for legal documents

UCC Article 9: Uniform Commercial Code Article 9 provisions regarding secured transactions and priority rules

False Claims Acts: Federal and state provisions regarding false claims, including penalties for false statements in affidavits

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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