Raleigh North Carolina Conditional Waiver and Release of Lien Upon Progress Payment

State:
North Carolina
City:
Raleigh
Control #:
NC-10-09
Format:
Word; 
Rich Text
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Description

This Conditional Waiver and Release of Lien Upon Progress Payment form is for use by a 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 specific 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 for the work described, and should such funds not be received within a certain number of days of the date of this waiver, this Conditional Waiver and Release of Lien is void.

Description: The Raleigh North Carolina Conditional Waiver and Release of Lien Upon Progress Payment is a legal document that allows contractors, subcontractors, and suppliers to release their right to a lien on a property upon receiving a progress payment for the work or materials supplied. This waiver is a crucial tool in construction and real estate projects in Raleigh, North Carolina, as it ensures fair payment practices and protects the interests of all parties involved. The Conditional Waiver and Release of Lien form signifies that the contractor or supplier has received a partial payment for the work completed thus far. It acknowledges that there is a remaining balance due and explicitly states that the lien rights will be waived only upon receipt of the specified payment. It acts as a declaration of intent to release any potential claim for a lien against the property upon receiving the payment. Keywords: Raleigh North Carolina, Conditional Waiver and Release of Lien, Progress Payment, Contractors, Subcontractors, Suppliers, Construction projects, Real estate, Fair payment practices, Interests, Partial payment, Remaining balance, Lien rights, Intent, Claim. Different types of Raleigh North Carolina Conditional Waiver and Release of Lien Upon Progress Payment: 1. Unconditional Waiver and Release of Lien Upon Progress Payment: This type of waiver signifies that the full payment for the work or materials has been received, and the contractor, subcontractor, or supplier fully and unconditionally releases their right to a lien. It is typically used when the project is complete, and the final payment has been received. 2. Conditional Waiver and Release of Lien Upon Final Payment: This type of conditional waiver is used when the final payment for the project is being made. It emphasizes that the lien rights will be waived only upon receipt of the final payment, thereby ensuring that all parties are protected until the project is completely finished. 3. Conditional Waiver and Release of Lien Upon Progress Payment with Exceptions: Sometimes, contractors or suppliers may want to retain certain rights even after receiving a progress payment. This type of conditional waiver is used to specify any exceptions or conditions that need to be met in order for the lien rights to be released. 4. Conditional Waiver and Release of Lien Upon Joint Check Agreement: In some cases, a joint check agreement between the contractor, subcontractor, and project owner may be established. This type of conditional waiver is used to acknowledge the receipt of the joint payment and to release the lien rights, ensuring that all parties are aware of the specific payment arrangement in place. Keywords: Unconditional, Final payment, Exceptions, Joint Check Agreement.

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FAQ

In North Carolina, a lien claimant has 120 days from the date of last furnishing to complete these 3 steps: Fill out a mechanics lien form that meets NC requirements.File the lien with the county recorder's office.Serve a copy of the lien on the property owner.

Where: A Claim of Lien on Real Property must be filed in the county where the property is located. Dated and signed by either the lien claimant or its agent, or the lien claimant's attorney. A Claim of Lien does not need to be notarized.

No, North Carolina does not require or provide statutory forms for lien waivers. Because the form and content of lien waivers aren't regulated under North Carolina Mechanics Lien laws, careful attention should be given to the actual terms of the waiver to ensure you're not waiving more than intended.

In North Carolina, a mechanics lien must be filed after the debt becomes due, but within 120 days from the date of last furnishing labor or materials to the project.

In North Carolina, the claiming party has 120 days from the last date of furnishing to file the lien. N.C. Gen. Stat. § 44A-12(b).

In North Carolina, N.C. Gen. Stat. § 44A, et seq. allows companies and individuals who have contracted to improve real property to file a claim of lien on that real property in order to secure payment for money owed.

In North Carolina, a mechanics lien must be filed after the debt becomes due, but within 120 days from the date of last furnishing labor or materials to the project.

As mentioned, lien agents keep owners in the loop on who is working on their projects. Subcontractors and material suppliers who are further down the construction totem pole now have a clear understanding of whom to send a preliminary notice to.

A judgment lien in North Carolina will remain attached to the debtor's property (even if the property changes hands) for ten years.

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A final waiver is a release of all lien rights on a project. Subcontractor Lien Waiver Form North Carolina By admin Posted on April 22, 2019.L. Statement that bidder is capable of completing the project within the stated time. The contractor will be paid one time for the actual mobilization effort at the end of the project on the final pay application. 14. In the opinion of Bond Counsel, under existing law, interest on the 2016A Bonds is exempt from State of North Carolina income taxes. See "TAX EXEMPTION.". This publication is printed on permanent, acid-free paper in compliance with the North Carolina General Statutes. Printed in the United States of America. This publication is printed on permanent, acid-free paper in compliance with the North Carolina General Statutes. Printed in the United States of America.

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Raleigh North Carolina Conditional Waiver and Release of Lien Upon Progress Payment