North Carolina Unconditional Waiver and Release of Lien Upon Progress Payment

State:
North Carolina
Control #:
NC-11-09
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Word; 
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The Unconditional Waiver and Release of Lien Upon Progress Payment is a legal document used by a lienor to formally waive and release their right to file a lien against a property, in exchange for payment. This form is essential for contractors, subcontractors, and suppliers to protect themselves while ensuring they are compensated for their work rendered up to a specified date. Unlike other lien forms, this waiver is "unconditional," meaning it does not require the payment to be received before releasing the lien right, thereby facilitating smoother transactions in the construction industry.


  • Name and contact information: Details of the lienor and the recipient of the payment.
  • Date of waiver: The specific date the waiver is executed.
  • Payment amount: The sum of money for which the waiver is provided.
  • Materials and services covered: Description of the labor, materials, or services provided through a specific date.
  • Property description: Detailed information about the property related to the work performed.
  • Signature: The lien holder's signature to authenticate the waiver.
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This form is necessary when a contractor or supplier has completed work or provided materials to a property owner and seeks to receive payment. It is often used during progress payments in construction projects, allowing the lienor to assure the property owner that they will not file a lien for the services rendered up until the specified date.

Intended Audience:

  • Contractors who are providing services or materials for a construction project.
  • Subcontractors hired by the primary contractor.
  • Suppliers of materials to contractors or subcontractors.
  • Property owners who wish to facilitate payment processes in construction agreements.

Steps to Complete This Form:

  • Enter the date the waiver is being executed.
  • Fill in your name, company name, and contact information.
  • Specify the payment amount being received.
  • Detail the labor, services, or materials provided until the agreed date.
  • Describe the property involved, including location and owner information.
  • Sign the document and have it notarized if required by your jurisdiction.

This form must be notarized to be legally valid. The notarization process confirms the identities of the parties involved and the authenticity of their signatures. US Legal Forms offers integrated online notarization, ensuring 24/7 availability through secure video calls, making it easier for users to complete the document without the need for in-person visits.

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  • Failing to include the complete property description, which may lead to disputes.
  • Not entering the correct date, which can invalidate the waiver.
  • Omitting the payment amount, which is essential for the waiver's effectiveness.
  • Signing the form without proper notarization if required.
  • Easy access to a professionally drafted form, saving time and effort.
  • Editable format allows customization to meet specific project needs.
  • Streamlined process provides legal protection during financial transactions related to construction.
  • The Unconditional Waiver and Release of Lien Upon Progress Payment is vital for contractors and suppliers to receive payment securely.
  • Completing the form accurately is crucial to avoid legal disputes.
  • Notarization strengthens the document's legitimacy.

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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