North Dakota Conditional Waiver and Release of Claim of Lien Upon Progress Payment
Understanding this form
The Conditional Waiver and Release of Claim of Lien Upon Progress Payment is a legal form that allows a lienor to waive their lien rights for labor, services, or materials provided up to a specific date. This waiver is contingent upon the lienor receiving payment for their work. It serves to ensure that the property owner is protected from future claims regarding unpaid work, provided that the lien claimant receives the funds as specified.
Key components of this form
- Details of the lienor, including name and address.
- The amount of money received in exchange for waiving the lien rights.
- A declaration of the labor, services, or materials supplied up to a certain date.
- Conditions for the waiver to be valid, including receipt of funds within a specified time frame.
- Signatures of the lien holder and notary acknowledgment, if required.
Common use cases
This form is typically used in construction and contracting scenarios. If a contractor or supplier has performed work or provided materials but has not yet been fully paid, they can use this waiver to confirm receipt of partial payment while maintaining safeguards against further claims for the same work. This can help facilitate ongoing projects by assuring property owners that there are no outstanding liens, provided that conditions are met.
Who can use this document
This form is suitable for:
- Contractors and subcontractors who are owed money for work completed.
- Suppliers of materials used in construction projects.
- Any lienor seeking to temporarily release their lien rights for progress payments.
Instructions for completing this form
- Fill in the name and contact details of the lienor.
- Enter the date on which the waiver is executed.
- Specify the total amount received for the work.
- Detail the work completed, including the date range for services or materials provided.
- Indicate the recipient's name and property details where the work was performed.
- Sign the form and have it notarized, if necessary.
Is notarization required?
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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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to include the correct date for services rendered.
- Not specifying the exact amount received for the waiver.
- Missing signatures, which can render the form invalid.
- Not providing complete property details or a clear description of the work.
Benefits of using this form online
- Convenience of downloading and filling out the form from anywhere.
- Instant access to legally vetted templates drafted by licensed attorneys.
- Easy editability to customize the form to specific needs and circumstances.
- Reliable record-keeping for legal purposes by maintaining proper documentation.
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FAQ
Conditional lien waivers are provided by contractors or suppliers before they've been paid. The key language to look for in these documents is upon payment of an amount, the vendor releases their right to file a lien on the work provided up until a certain date.
LIen waivers are not required to be notarized. The primary times that a document needs to be notarized is if it is going to be filed with the county recorder or it is an affidavit. There are some other documents that often use notarization, but lien...
An unconditional partial waiver should be used when you have received a progress payment on the project. You may be expecting future payments on the project, but are looking to sign a waiver for a specific progress or partial payment that you are receiving.
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.
Signing an unconditional lien waiver is enforceable even before you get paid. This means that if you sign an unconditional lien waiver before receiving the money and the property owner ends up not paying up, you have already waived your lien rights because you signed the unconditional lien waiver.
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!
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).
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. Maker of the Check. Amount of the Check. Check Payable To. Exceptions.
