Lien Waiver Form New York Without Payment

State:
New York
Control #:
NY-14-09
Format:
Word; 
Rich Text
Instant download

Description

This Conditional Waiver and Release of Lien Upon Final Payment form is for use by a lienor, in consideration of final payment to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a certain date to a customer on the job of an owner of property. This Conditional Waiver and Release of Lien Upon Final Payment is conditioned upon the lienor receiving collected funds for the work described, and if such funds are not received within a specific number of days of the date of this waiver, this Conditional Waiver and Release of Lien is void.

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FAQ

New York prohibits the waiving of lien rights prior to performance. Furthermore, waivers cannot be made in advance of payment, but only with, or after, payment. New York has no requirement that a lien waiver must be notarized. Furthermore, electronic signatures are valid on all lien waivers.

New York Lien Law § 34 provides that any contract, agreement or understanding waiving a right to file or enforce any lien is void as against public policy and wholly unenforceable.

A lien waiver is a written agreement between a payer and a counterparty where said counterparty gives up their right to place a lien on the payer's property or goods.

The unpaid seller's Right of Lien is lost over the goods once the goods are delivered to the buyer or his agent and the buyer or his agent lawfully obtain the possession of the goods [Section 49(1)(b)] The unpaid seller's Right of Lien is also lost over the goods if he willingly waives his right [Section 49(1)(c)].

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Lien Waiver Form New York Without Payment