North Carolina Unconditional Waiver and Release of Lien Upon Progress Payment

State:
North Carolina
Control #:
NC-11-09
Format:
Word; 
Rich Text
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Overview of this form

The Unconditional Waiver and Release of Lien Upon Progress Payment form is a legal document that enables a lienor to waive and release their lien rights in exchange for payment. This form is essential in construction and contracting contexts, allowing contractors, subcontractors, and suppliers to confirm that they have received payment for work or materials provided, thereby preventing future claims against the property. It differs from other waiver forms as it specifically pertains to progress payments and must be executed before the payment is made.


Key parts of this document

  • Name and contact information of the lienor
  • Date of the waiver
  • Amount received in consideration for the waiver
  • Description of the property and work completed
  • Signature of the lien holder
  • Notary acknowledgment, if required
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When this form is needed

Use this form when a lienor has provided labor, services, or materials to a property owner and has received a progress payment. It is crucial to ensure that the waiver is signed before the payment is made, safeguarding the lienor’s interests while providing assurance to the property owner that all obligations have been settled up to the specified date.

Who can use this document

  • Contractors and subcontractors who have performed work on a property
  • Suppliers providing materials for construction projects
  • Any lienor seeking to waive their lien rights upon receiving payment

How to complete this form

  • Identify the parties involved by filling in the name and address of the lienor.
  • Enter the date of the waiver and the amount received.
  • Specify the date until which the work, labor, or materials were provided.
  • Clearly describe the property and the job associated with the waiver.
  • Have the lien holder sign the document to finalize the waiver.
  • If required, have the document notarized for legal validation.

Does this form need to be notarized?

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 complete all required sections of the form
  • Not dating the waiver accurately
  • Omitting the property description or using vague language
  • Not obtaining a signature from the lien holder
  • Neglecting to have the form notarized, if necessary

Benefits of completing this form online

  • Convenience of accessing and completing the form from anywhere
  • Editable content allows for easy customization to fit specific needs
  • Secure and reliable download ensures document integrity
  • Guidance provided simplifies understanding for users with little legal experience

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FAQ

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.

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!

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.

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.

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).

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.

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.

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.

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.

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North Carolina Unconditional Waiver and Release of Lien Upon Progress Payment