Montana Unconditional Waiver and Release of Lien Upon Progress Payment

State:
Montana
Control #:
MT-11-09
Format:
Word; 
Rich Text
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Understanding this form

The Unconditional Waiver and Release of Lien Upon Progress Payment is a legal document used by a lienor. This form allows the lienor to waive their right to claim a lien on the property they have worked on or provided materials for, in exchange for a specified sum of money. This form is specifically designed for progress payments, distinguishing it from other waiver forms that may not specify conditions related to payment statuses or timelines.


What’s included in this form

  • Identification of the lienor and customer involved in the transaction.
  • Specification of the amount paid to the lienor.
  • Details about the work performed, including the date and type of services or materials provided.
  • Signature of the lienor, confirming their waiver of the lien.
  • Notary acknowledgment to validate the signature and consent.

Situations where this form applies

This form should be used when a contractor, subcontractor, or supplier receives a payment for services or materials rendered up to a specific date and wants to formally waive their right to file a lien on the property for that work. It is commonly used in construction projects to ensure that payment is made without future claims on the property.

Who can use this document

This form is suitable for:

  • Contractors providing labor or services on construction projects.
  • Subcontractors who have worked on behalf of general contractors.
  • Material suppliers who have delivered goods for specific projects.
  • Any lienor that wishes to acknowledge receipt of progress payments and waive lien rights.

How to complete this form

  • Enter the date when the form is completed.
  • Fill in the name of the lienor and the customer receiving the materials or services.
  • Specify the total amount of payment received.
  • Detail the services or materials provided along with the date they were provided.
  • Sign the form as the lienor to authenticate the waiver.
  • Coordinate with a notary public to have the form notarized if required.

Does this document require notarization?

This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.

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Common mistakes

  • Failing to specify the exact date of services or materials.
  • Not entering the correct amount paid.
  • Forgetting to sign the document before submission.
  • Neglecting to have the form notarized if required by local regulations.

Why use this form online

  • Easy access to legally vetted templates drafted by licensed attorneys.
  • Convenient download and customization options to meet individual needs.
  • Immediate availability without the need for in-person office visits, saving time.

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FAQ

It basically states that you've paid the subcontractor what is owed, they accept the payment in full, and they waive the right to put a lien on your property. Simply present this form to the subcontractor with your payment and ask them to sign it. Make sure you get their signature!

A conditional offer letter has specific conditions with it. It means you need to have certain grades or marks for the same, whereas unconditional offer letter has no conditions with it, and reflects that your grades, whether high or low, have been accepted by the University.

An unconditional release means that there are no restrictions on the release of the lien. This type of lien release is often used in final project documents to confirm that the project is complete, payment has occurred, and you release all future rights to file liens on the project.

Conditional lien waivers are conditioned upon something (typically the receipt of payment).The party receiving payment maintains its right to file a lien until the check is actually cashed; the party making payment will never face double payment (paying the party they hired and also being faced with a lien).

A lien release is a document that is filed in the public land records as the official notice that the lien is removed. Once payment has been received, a contractor has a duty to remove any lien that was filed against the property.

An "Unconditional Waiver and Release Upon Progress Payment" discharges all claimant rights through a specific date with no stipulations. A "Conditional Waiver and Release Upon Progress Payment" discharges all claimant rights through a specific date, provided the payments have actually been received and processed.

An "Unconditional Waiver and Release Upon Final Payment" extinguishes all claimant rights upon receipt of the payment. A "Conditional Waiver and Release Upon Final Payment" extinguishes all claimant rights upon receipt of the final payment with certain provisions.

Name of Claimant. This is the name the party to be paid, and the party who will be signing the lien waiver document. Name of Customer. Job Location. Owner. Exceptions. Claimant's Signature. Claimant's Title. Date of Signature.

An unconditional mechanic's lien waiver states the contractor has in fact been paid in full for the stated work. Write the name of the maker of the check in the space provided on the mechanic's lien release form. Fill in the amount of the payment. Write the name of contractor the payment is being made to.

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Montana Unconditional Waiver and Release of Lien Upon Progress Payment