North Dakota Conditional Waiver and Release of Claim of Lien Upon Progress Payment
About this form
The Conditional Waiver and Release of Claim of Lien Upon Progress Payment form is a legal document that allows a lienor to waive their claim of lien in exchange for payment for labor, services, or materials provided up to a specified date. This form differs from other lien waivers as it is contingent upon the lien claimant receiving collected funds for the work described. If the payment is not received within the agreed timeframe, the waiver is void, protecting the lienor's rights.
What’s included in this form
- Name and contact information of the lienor.
- Details of the payment amount being waived.
- Specification of the labor, services, or materials provided.
- Identification of the customer and property owner.
- Conditions under which the waiver is void if payment is not received.
- Signature and acknowledgment by a notary public.
When this form is needed
This form should be used when a contractor, subcontractor, or supplier who has provided labor or materials for a construction project needs to ensure that they receive payment before releasing their lien rights. It is particularly useful in situations where progress payments are made throughout a project, and the lienor wants to document their waiver conditional on payment.
Who this form is for
- Contractors who have completed work and are awaiting payment.
- Subcontractors involved in construction projects.
- Suppliers providing materials for construction work.
- Any lien claimants looking to protect their right to payment.
How to prepare this document
- Identify and enter the lienor's name and contact information.
- Specify the payment amount being received in exchange for the waiver.
- Detail the labor, services, or materials provided and the date range covered.
- Provide the name of the customer and the property owner.
- Include the date of signing and ensure the lienor's signature is provided.
- If required, have the waiver notarized to validate the document.
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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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.
Avoid these common issues
- Failing to specify the exact amount being waived.
- Omitting the dates of service for which the waiver is applicable.
- Not signing the document or ensuring it is notarized if needed.
- Completing the form but not verifying applicable state laws.
Benefits of using this form online
- Convenient access to the form for immediate use.
- Editability to tailor the form to specific project details.
- Reliability of attorney-drafted templates ensuring legal compliance.
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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.
