North Dakota Waiver of Lien Claim by Subcontractor

State:
Multi-State
Control #:
US-OG-158
Format:
Word; 
Rich Text
Instant download

Description

This form provides for a subcontractor to waive any claims in lands on or for which labor or materials have been provided.

How to fill out Waiver Of Lien Claim By Subcontractor?

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FAQ

Here is a field-by-field breakdown of this form: 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.

Your lien is valid for two years from the date your lien is registered. You must commence action within two years in order for your lien to remain valid.

Before you file your mechanics lien claim, North Dakota lien law says you must send a written Notice of Intent to Lien first. You should send this document to the owner of the property by registered or certified mail, at least 10 days before filing the lien claim.

The lien must be signed and verified under oath (notarized). Once completed, a lien should be filed and recorded with the county recorder's office in the county where the property is located. You are not required to serve the lien upon the property owner, as filing the lien is considered sufficient notice under NM law.

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.

In Ontario, there is the Construction Act. This allows anyone supplying service or materials to put a lien on the property. This applies to anyone who provides services for either the owner, a contractor or even a subcontractor. The only exception to this is if the owner is the federal or provincial crown.

Before a lienholder may enforce a lien, the lienholder shall give written notice of the lienholder's intention so to do, which notice must be given by personal service upon the legal or equitable owner of the property affected at least ten days before an action to enforce the lien is commenced, or by registered mail ...

Both conditional and unconditional lien waivers will be considered as valid and enforceable, as long as the waiver is clear and intended by both parties. Iowa has no requirement that a lien waiver must be notarized.

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North Dakota Waiver of Lien Claim by Subcontractor