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Maine Conditional Waiver and Release Upon Progress Payment - Individual

State:
Maine
Control #:
ME-06-09
Format:
Word; 
Rich Text
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Description

This Conditional Waiver and Release Upon Progress Payment is for use by an individual lienor in consideration of a certain sum of money to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a certain date to a customer on the job of an owner of property. This Conditional Waiver and Release of Lien Upon Progress Payment is conditioned upon the lienor receiving collected funds in a certain amount for work, and will be considered void if such funds are not received within a certain number of days of the date of the waiver.

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FAQ

To file a mechanics lien in Maine, you must prepare and record a lien statement with the appropriate registry of deeds. Ensure you include all required details such as parties involved, property description, and amount owed. If you are uncertain about the details involved, consider using uslegalforms to simplify the process and ensure compliance with the Maine Conditional Waiver and Release Upon Progress Payment - Individual.

A conditional release takes effect only when payment is made, while a non-conditional release is effective upon signing, regardless of whether payment has been received. Understanding these differences is crucial for contractors and subcontractors managing funds. If you are working under a Maine Conditional Waiver and Release Upon Progress Payment - Individual, knowing when each type applies can protect your interests.

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 waivers don't fall into any of those that "need to be notarized."

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.

A waiver is a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable.Examples of waivers include the waiving of parental rights, waiving liability, tangible goods waivers, and waiver for grounds of inadmissibility.

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 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 "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.

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.

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Maine Conditional Waiver and Release Upon Progress Payment - Individual