South Carolina Conditional Waiver and Release of Claim of Lien Upon Progress Payment
What this document covers
The Conditional Waiver and Release of Claim of Lien Upon Progress Payment is a legal document used by a lienor to waive their lien rights. This form specifically applies when a lienor has provided labor, materials, or services up to a specified date for a project owned by a customer. It is crucial to note that this waiver is contingent upon the lienor receiving a specific payment; if the payment is not made within the designated timeframe, the waiver is rendered void. This form ensures that parties involved understand their rights and obligations regarding lien claims while providing protection for both the lienor and the owner of the property.
Key parts of this document
- Name and contact information of the lienor.
- The date when the waiver is executed.
- Details of the payment amount received in consideration for the waiver.
- Specific dates for which labor, materials, or services were provided.
- Property description where the services were delivered.
- Signature of the lien holder and acknowledgement by a notary public.
Common use cases
This form should be used during construction or renovation projects when a contractor, subcontractor, or supplier has provided labor or materials and is about to receive a progress payment. It serves as a formal declaration that the lienor is waiving their rights to file a claim against the property for work performed up to that point, contingent upon receiving the agreed-upon payment. This is particularly important in maintaining positive relationships among contractors, subcontractors, and property owners.
Intended users of this form
- Contractors who have completed work on a project and are awaiting payment.
- Subcontractors providing services or materials and seeking to formalize their lien waiver.
- Suppliers of construction materials delivering to a project and receiving progress payments.
- Property owners who want to ensure clear documentation of released claims while processing payments.
Completing this form step by step
- Identify the parties involved by entering the lienor's name and contact information.
- Fill in the date the waiver is executed.
- Specify the agreed payment amount and ensure it matches the funds to be received.
- Enter details regarding the scope of work, including the date of the last service provided.
- Provide the property location and description relevant to the work performed.
- Sign the form and have it witnessed or notarized as necessary.
Notarization requirements for this form
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
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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 specify the payment amount or dates accurately.
- Omitting the property description where the work was performed.
- Not having the form notarized if required by state law.
- Using the form without confirming that payment will be received within the stated timeframe.
- Signing the form without ensuring all required fields are filled.
Advantages of online completion
- Convenient access to legally drafted forms at any time.
- Editability allows for customization to specific situations.
- Reliable source as forms are designed by licensed attorneys.
- Immediate downloads without the need for physical mailing.
- Assured compliance with legal standards for a variety of states.
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FAQ
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.
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.
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...
Satisfy the terms of the loan by paying the balance of the loan back to the lender, including any interest incurred. If you don't receive the lien release, submit a request to your lender for proof that the loan has been satisfied.
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!
The main purpose of a lien waiver is to provide protection to the paying party. In exchange for such payment, the lien waiver waives the payee's right to file a lien for the exact value of the payment they have received.
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.
