South Carolina Unconditional Waiver and Release of Claim of Lien Upon Final Payment
About this form
The Unconditional Waiver and Release of Claim of Lien Upon Final Payment is a legal document used by a lienor to relinquish their right to claim a lien in exchange for receiving full payment. This form ensures that all debts related to labor, services, or materials provided up to a specified date are settled, offering protection to property owners and buyers. It differs from conditional waivers, which provide release based on certain conditions being met.
What’s included in this form
- Name and contact information of the lienor.
- Amount of final payment being acknowledged.
- Date through which services or materials were provided.
- Details of the property related to the work performed.
- Signature of the lien holder, along with witness or notary acknowledgment.
When this form is needed
This form should be used when a contractor, subcontractor, or supplier has completed their work or delivered materials and is about to receive the final payment. It is appropriate to use this waiver in construction projects, renovation works, or any services provided where a lien was initially claimed but now needs to be canceled upon receiving payment.
Who this form is for
- Contractors who have provided services or materials for a project.
- Subcontractors who are responsible for part of the work and are awaiting final payment.
- Suppliers of materials who need to waive their lien rights after payment.
- Any individual or business that has previously filed a lien and wants to formally release it in exchange for payment.
Steps to complete this form
- Identify the parties involved: Clearly write the lienorâs name and address.
- Specify the final payment amount being acknowledged.
- Enter the date until which services or materials were provided.
- Include details about the customer and property where work was performed.
- Have the lien holder sign the form, and ensure a witness or notary public is present to attest to the signature.
Notarization guidance
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
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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
- Not providing all required information, such as the correct property address.
- Failing to have the form notarized when required.
- Leaving out the signature of the lien holder or witness.
- Using outdated forms or not aligning with state-specific laws.
Why use this form online
- Convenient access to downloadable templates that can be filled out at your own pace.
- Editable format allows for easy changes as needed.
- Reliable templates drafted by licensed attorneys ensure compliance with legal standards.
What to keep in mind
- The Unconditional Waiver and Release of Claim of Lien is crucial for relinquishing lien rights after final payment.
- Ensure all details are accurately completed and the form is notarized if required by state law.
- Using this form can protect property owners from future claims and give contractors peace of mind after receiving payment.
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FAQ
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.
A lien is a claim on property to ensure payment of a debt. When you borrow money to purchase a car, the lender files a lien on the vehicle with the state to insure that if the loan defaults, the lender can take the car. When the debt is fully repaid, a release of the lien is provided by the lender.
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.
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.
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.
Bottom Line: Never Sign an Unconditional Lien Waiver Prior to Receiving Payment!If the lien waiver is the only proof the owner has as to whether a particular party has been paid, the owner must be able to rely on it in order for the lien waiver to accomplish its purpose.
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.
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.