Pennsylvania Conditional Waiver and Release of Claim of Lien Upon Progress Payment
What is this form?
The Conditional Waiver and Release of Claim of Lien Upon Progress Payment is a legal document used by a lienor to relinquish their right to claim a lien for labor, services, or materials provided up to a specific date. This form is specifically designed to protect both the lienor and the property owner by ensuring that the lienor receives payment before waiving their lien rights. Unlike other lien release forms, this waiver is conditional upon the receipt of payment, making it a crucial document in construction and contracting contexts.
Key parts of this document
- Identification of the lienor, including name, company, and contact information.
- The specific amount being received in exchange for the waiver.
- Details of the labor, services, or materials provided, along with the relevant time period.
- The legal description of the property where the work was performed.
- Conditions under which the waiver becomes void if payment is not received.
- Signature of the lienor and acknowledgment by a notary public.
Situations where this form applies
This form should be used when a contractor, subcontractor, or supplier has provided labor or materials for a construction project and is expecting a progress payment. It is particularly relevant when the payment is contingent upon a lender or property owner releasing funds. The lienor can use this form as proof of the waiver of their lien rights upon receipt of payment, ensuring that both parties are protected during the transaction.
Who should use this form
- Contractors who have completed a portion of work and are waiting for a progress payment.
- Subcontractors providing labor or materials to a contractor on a construction project.
- Suppliers who have provided materials to contractors or subcontractors.
- Property owners who wish to ensure that all parties are compensated while managing their lien exposure.
Completing this form step by step
- Provide the name and contact information of the lienor.
- Enter the specific sum of money for which the waiver is issued.
- Specify the date through which labor or materials have been provided.
- Fill in the name of the customer and a detailed description of the property.
- Indicate the timeline for receiving the payment and any conditions for the waiver to remain valid.
- Sign the form and have it notarized to affirm its legal standing.
Notarization guidance
This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.
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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.
Common mistakes to avoid
- Failing to include a complete legal description of the property.
- Not specifying the exact amount to be paid.
- Omitting the necessary signatures or failing to have the document notarized.
- Providing incorrect or incomplete information about the labor or services rendered.
Key takeaways
- The Conditional Waiver and Release of Claim of Lien Upon Progress Payment is essential for lienors to secure their payment while waiving lien rights.
- Accuracy in completing the form is vital to avoid legal disputes.
- Notarization is necessary for the form's validity.
- This form helps protect both lienors and property owners in construction transactions.
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FAQ
A lien waiver is quite common in the construction business. Essentially, it is a document from a contractor, subcontractor, supplier, or another party who holds a mechanic's lien that states they have been paid in full and waive future lien rights to the disputed property.
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.
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. Amount of the Check. Check Payable To. Exceptions. Claimant's 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.
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.
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.
The undersigned makes this Waiver specifically for the benefit of the Owner and the Owner's lender, and any other person or entity with a legal or equitable interest in the Property.
A lien waiver is quite common in the construction business. Essentially, it is a document from a contractor, subcontractor, supplier, or another party who holds a mechanic's lien that states they have been paid in full and waive future lien rights to the disputed property.
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).