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Nevada Unconditional Waiver and Release Upon Progress Payment - Corporation or LLC

State:
Nevada
Control #:
NV-14A-09
Format:
Word; 
Rich Text
Instant download

Description

This Unconditional Waiver and Release Upon Progress Payment form is for use by a corporation or LLC that has been paid and has received a progress payment for all work, materials and equipment the corporation furnished to its customer for the property to waive and release any notice of lien, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to payment rights that the corporation has on the property. This release covers a progress payment for the work, materials and equipment furnished by the lien claimant to the property or to the lien claimant's customer which are the subject of the invoice or payment application, but only to the extent of the payment amount or such portion of the payment amount as the lien claimant is actually paid, and does not cover any retention withheld, any items, modifications or changes pending approval, disputed items and claims, or items furnished that are not paid. The lien claimant warrants that the lien claimant either has already paid or will use the money the lien claimant receives from this progress payment promptly to pay in full all the laborers, subcontractors, materialmen and suppliers for all work, materials or equipment that are the subject of this waiver and release.

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Key Concepts & Definitions

Unconditional Waiver and Release Upon Progress Payment is a legal document used in the construction industry in the United States. It certifies that a contractor or subcontractor has received a progress payment and waives their rights to a lien for the amount specified in the payment up to the date of the waiver. This form is crucial for managing financial risks and securing clear title on property developments.

Step-by-Step Guide

  1. Verify the Payment: Before signing an unconditional waiver, ensure the progress payment has been received and cleared in your bank account.
  2. Review the Waiver Details: Check all information on the waiver such as dates, payment amounts, and project description to make sure they are accurate.
  3. Sign the Waiver: After confirming details and consulting your financial or legal advisor, sign the waiver to document the agreement effectively.
  4. Distribute Copies: Provide copies to all relevant parties such as the property owner, general contractor, and your financial institution.

Risk Analysis

  • Financial Loss: Incorrect or premature signing of this waiver can lead to financial loss if additional payment issues occur.
  • Legal Disputes: Failing to properly fill out the form can lead to disputes or complications in lien enforcement.
  • Operational Delays: Delays in processing these waivers can impede the flow of subsequent payments in a project's timeline.

Key Takeaways

Accurate and Timely Execution: Always ensure all details are accurate and the waiver is processed timely to maintain financial and legal clarity.
Consult Professional Advice: Always engage with a legal or financial advisor when dealing with unconditional waivers to understand implications fully.

Best Practices

  • Document Verification: Always keep a record of all payments received and the corresponding waivers issued.
  • Clear Communication: Maintain open and clear communication with all parties involved regarding the status of payments and waivers.
  • Regular Updates: Keep yourself updated with any changes in lien laws or practices within your state or the construction industry in general.

Common Mistakes & How to Avoid Them

  • Signing Too Early: Avoid signing the waiver before you have confirmation that the funds have cleared.
  • Incomplete Details: Ensure every detail on the waiver is filled in completely and accurately to avoid complications.

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FAQ

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.

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.

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.

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.

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.

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.

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.

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Nevada Unconditional Waiver and Release Upon Progress Payment - Corporation or LLC