Oregon Contractor's Affidavit to Induce Lender to Release Funds - Final Payment

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Multi-State
Control #:
US-02484BG
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Description

When the contractor requests final payment, a Final Contractor's Affidavit must be submitted to the lender. The Final Contractor's Affidavit lists all money due to potential lienors that have not been paid. The lender will typically require affidavits from each potential lienor assuring that they have been paid before releasing the final draw amount to the contractor.

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FAQ

Conditional Waiver and Release Upon Final Payment Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a final payment, and the claimant has not yet been paid. This release is only binding if there is evidence of payment to the claimant.

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.

When is the deadline to file an Oregon mechanics lien? In Oregon, a mechanics lien must be filed either 75 days after the claimant's last furnishing of labor and/or materials, or 75 days after completion of construction; whichever is earlier.

A Conditional Contractors Lien Release Form is a legal document basically stating that arrangements have been made to pay the lien by issuing a payment to the lien holder. The lien against the property shall be released only upon the condition that the payment clears the lending or banking institution.

Under Oregon law, a contractor or subcontractor must file a construction lien within 75 days after the person has ceased to provide labor, rent equipment or furnish materials or 75 days after completion of construction, whichever is earlier. ORS 87.035(1).

You have 75 days to file a lien from: 1. The date you last worked or delivered materials to the property or 2.

Released for Construction Documents means all drawings, specifications, revisions thereto, and any other items necessary to construct the work, signed and sealed by an Engineer of Record.

Lien waivers generally come in two forms: conditional and unconditional. In a nutshell, conditional lien waivers show how much money is owing through a particular date, and unconditional lien waivers show how much money has been paid for work through a particular date.

One hundred and twenty days (120) from the date that labor or materials were furnished. A.C.A. § 18-44-117. The original contractor may file his lien at any time, but other parties must give the property owner ten (10) days notice (see notice below) prior to filing of a lien claim.

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.

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Oregon Contractor's Affidavit to Induce Lender to Release Funds - Final Payment