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Standard Lien Waiver for the United States

Standard Lien Waiver Template for United States

A Standard Lien Waiver is a legal document used in the United States construction industry where a party waives their right to place a mechanic's lien on a property in exchange for payment. The document's specific requirements vary by state, with some jurisdictions mandating specific statutory forms. It serves as protection for property owners and ensures clear title to the property while facilitating payment for construction work or materials.

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What is a Standard Lien Waiver?

The Standard Lien Waiver is a crucial document in U.S. construction law that manages risk and ensures smooth payment processes. It's typically required when contractors, subcontractors, or suppliers receive payment for work or materials provided to a construction project. The document's format and requirements vary by state, with some jurisdictions requiring specific statutory forms. Standard Lien Waivers can be either conditional (effective upon payment) or unconditional (effective immediately), and may be used for progress payments or final payment. They protect property owners from double payment risks while providing contractors with a standardized method for receiving payment.

What sections should be included in a Standard Lien Waiver?

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

2. Waiving Party Information: Identity and details of the party waiving lien rights

3. Payment Information: Amount received or expected, including date of payment

4. Waiver Statement: Express waiver of lien rights and claims

5. Signature Block: Execution section including date and notarization requirements

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

1. Conditional Language: Additional provisions used when waiver is conditional upon receipt of payment

2. Retained Rights: Specification of rights not being waived and claims being preserved

3. Through Date: Specific date through which rights are being waived for progress payments or partial waivers

What schedules should be included in a Standard Lien Waiver?

1. Payment Schedule: Detailed breakdown of payments received or expected

2. Project Scope: Description of work performed or materials provided

3. Outstanding Claims: List of preserved claims or disputed amounts

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 mandatory statutory forms in states like California, Texas, Florida, and Arizona. Each state has unique requirements and some mandate specific lien waiver forms.

State Construction Laws: State-specific requirements governing construction contracts, including timing requirements for lien waivers and notice requirements for construction projects.

Uniform Commercial Code (UCC): Federal legislation, particularly Article 9, governing secured transactions and provisions affecting security interests in construction projects.

The Miller Act: Federal law governing payment protection for contractors on federal construction projects, along with state equivalents (Little Miller Acts).

State Contract Laws: General state laws governing contract formation, consideration requirements, and enforceability provisions that affect lien waivers.

Waiver Type Considerations: Legal requirements for different types of waivers (conditional vs. unconditional) and payment status (progress vs. final payment), including through-date specifications.

Rights Preservation Clauses: Legal provisions for preserving rights related to retention, pending modifications, disputed claims, and unbilled work 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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