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

State:
North Carolina
County:
Wake
Control #:
NC-10-09
Format:
Word; 
Rich Text
Instant download

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.

A Wake North Carolina Conditional Waiver and Release of Lien Upon Progress Payment is a legal document used in construction projects to release a portion of lien rights in exchange for receiving payment for work completed or materials supplied. This waiver is conditional, meaning it is only effective upon the receipt of progress payment from the property owner, contractor, or other parties involved. Keywords: Wake North Carolina, conditional, waiver, release of lien, progress payment, construction projects, lien rights. There are different types of Wake North Carolina Conditional Waiver and Release of Lien Upon Progress Payment, depending on the specific circumstances of the construction project. 1. Partial Conditional Waiver and Release of Lien Upon Progress Payment: This type of waiver is used when a contractor or supplier agrees to release the lien only to the extent of the progress payment received. It signifies that the specified amount has been paid, and the lien rights for that particular amount are waived. 2. Final Conditional Waiver and Release of Lien Upon Progress Payment: This type of waiver is used when the construction project is complete, and the final payment is being made. By signing this waiver, the contractor or supplier acknowledges that all outstanding payments have been received and releases all lien rights on the project. 3. Conditional Waiver and Release of Lien Upon Progress Payment — With Exception: In certain cases, a contractor or supplier may include exceptions to the waiver, specifying any outstanding payments or disputes that are not covered by the waiver. This type of waiver ensures that the remaining lien rights are preserved for the outstanding amounts. It is important to note that these waivers are legal documents, and their use should be based on appropriate legal advice to ensure compliance with Wake North Carolina's construction laws and regulations. Contractors, suppliers, and property owners should thoroughly understand the conditions and terms outlined within the waiver before signing and exchanging payment.

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FAQ

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.

Obtain a Bond to Discharge the Lien: In North Carolina, residential and commercial property owners have the right to seek a bond from an insurance company to discharge a lien. By doing so, you will essentially free up the property from encumbrance.

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.

NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

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.

The simple ?rule of thumb? set forth in the lien statute when it comes to maintaining a contractor's (or subcontractor's) lien rights is that you have 120 days from the last date on which you furnished labor, materials, equipment, or other services ?at the site of the improvement? (i.e., on the real property).

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.

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.

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.

How to complete the Conditional Waiver and Release on Progress Payment form Name of Claimant. The claimant is the party receiving the payment ? in other words, the one waiving their lien rights.Name of Customer.Job Location.Owner.Through Date.Maker of the Check.Amount of the Check.Check Payable To.

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More info

Necessary, will be in the form of a written Addendum. All bids must be made on the required form.Outstanding fees can be paid. A conditional waiver means the waiver of lien rights is contingent on receipt of payment. An unconditional waiver is effective upon signing. A final unconditional lien waiver extinguishes all claimant rights upon receipt of payment. NC General Statutes - Chapter 75A. 3. As shown on Exhibit Grove 98 PUD-RZ-1. 0 at the time of final plat. ii.

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