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Unconditional Waiver for the United States

Unconditional Waiver Template for United States

An Unconditional Waiver is a legally binding document used in the United States construction industry that irrevocably waives a party's right to make claims for payment, including mechanics liens, once payment has been received. Unlike conditional waivers, these take effect immediately upon execution, regardless of whether payment has actually been received. The document must comply with state-specific requirements, as many states have statutory forms and specific regulations governing their use.

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Unconditional Waiver

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What is a Unconditional Waiver?

The Unconditional Waiver serves as a critical document in construction and development projects across the United States. It is typically used when a contractor, subcontractor, or supplier has received payment and needs to provide absolute assurance that they waive their rights to file mechanics liens or make future payment claims for the work or materials covered by the payment. This type of waiver is considered the strongest form of waiver and should only be signed when payment has actually been received, as it immediately eliminates important legal rights. Many states have specific statutory requirements for these waivers, including mandatory forms and warning language, to protect parties from inadvertently waiving their rights.

What sections should be included in a Unconditional Waiver?

1. Project Identification: Details of the project including address, project name, and relevant contract numbers

2. Waiving Party Information: Complete identification of the party providing the waiver

3. Payment Amount: Specific amount received for which the waiver is being given

4. Waiver Statement: Clear and unambiguous waiver language

5. Signature Block: Date and signature lines for authorized representatives

What sections are optional to include in a Unconditional Waiver?

1. Notarization Block: Required in some states for validity - use when required by state law or requested by receiving party

2. Conditional Provisions: Specific conditions or exceptions to the waiver - use when certain rights need to be preserved

3. Progress Payment Details: Breakdown of payment application or invoice details - use when waiver relates to progress payments

What schedules should be included in a Unconditional Waiver?

1. Schedule A - Payment Details: Itemized list of payments received and covered by the waiver

2. Schedule B - Project Scope: Description of work or services covered by the waiver

3. Schedule C - Supporting Documents: Copies of relevant invoices, payment applications, or other supporting documentation

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: State-specific requirements for lien waivers, including statutory forms and restrictions on unconditional waivers. Each state maintains its own distinct regulations.

Federal and State Contract Laws: Includes Uniform Commercial Code (UCC), state-specific contract formation requirements, and consideration requirements that govern the basic validity of the waiver.

State-Specific Construction Laws: Construction law statutes, contractor licensing requirements, and payment regulations that may affect the enforceability of the waiver.

Fair Debt Collection Practices Act: Federal legislation that must be considered if the waiver involves any aspects of debt collection or payment obligations.

State Consumer Protection Laws: Laws protecting consumer rights that may apply if the waiver involves consumer transactions or residential construction.

Statute of Frauds: Legal requirements regarding written contracts, including signature requirements and documentation standards.

State-Specific Notice Requirements: Mandatory warning language, font size and formatting requirements, and notice periods required by state law for valid 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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