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Rhode Island Unconditional Waiver and Release of Claim of Lien Upon Progress Payment

State:
Rhode Island
Control #:
RI-05-09
Format:
Word; 
Rich Text
Instant download

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What is this form?

The Unconditional Waiver and Release of Claim of Lien Upon Progress Payment is a legal document that allows a lienor to waive their right to claim a lien in exchange for payment for labor, services, or materials provided by a specified date. This form is particularly useful in the construction industry to ensure that contractors and subcontractors receive payment for their work while protecting the property owner from future claims related to that payment.


Key parts of this document

  • Name and contact information of the lienor.
  • Details of the payment and the date through which services were rendered.
  • Identification of the customer and the property owner.
  • Description of the property associated with the lien.
  • Signature of the lien holder and acknowledgment by a notary public.
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Common use cases

This form is typically used when a contractor or subcontractor has been paid a progress payment and wishes to release their claim for this payment. It is essential for projects that involve multiple payments, as it provides assurance to property owners that they will not face future claims for the work or materials already compensated.

Intended users of this form

  • Contractors who provide labor or materials in construction projects.
  • Subcontractors who have completed part of their work and received a payment.
  • Suppliers providing materials for construction who wish to release their lien claim upon receiving payment.

Steps to complete this form

  • Identify the lienor and fill in their name, company, and address.
  • Specify the amount received as payment for work done.
  • Enter the date through which services were rendered.
  • Provide the name of the customer and the property owner's name.
  • Include a description of the property related to the claim.
  • Sign the form in the presence of a notary public to authenticate it.

Notarization requirements for this form

This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.

Mistakes to watch out for

  • Failing to provide complete and accurate property descriptions.
  • Not specifying the correct payment amount.
  • Omitting the signature of the lien holder or the notary.

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FAQ

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.

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!

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 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.

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.

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."

A lien waiver is signed before a lien is actually filed. The party submitting the lien waiver states that they waive the right to lien against the project. In some instances, the property owner or general contractor may request that you sign and deliver a lien waiver before payment is disbursed.

Illinois does not require mechanics lien waivers to be notarized in order to be effective. Furthermore, electronic signatures are valid on lien waivers in Illinois, as well.

A lien is a claim or legal right against assets that are typically used as collateral to satisfy a debt. A lien could be established by a creditor or a legal judgement. A lien serves to guarantee an underlying obligation, such as the repayment of a loan.

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Rhode Island Unconditional Waiver and Release of Claim of Lien Upon Progress Payment