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

State:
North Carolina
City:
Raleigh
Control #:
NC-12-09
Format:
Word; 
Rich Text
Instant download

Description

This Conditional Waiver and Release of Lien Upon Final Payment form is for use by a lienor, in consideration of final payment to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a certain date to a customer on the job of an owner of property. This Conditional Waiver and Release of Lien Upon Final Payment is conditioned upon the lienor receiving collected funds for the work described, and if such funds are not received within a specific number of days of the date of this waiver, this Conditional Waiver and Release of Lien is void.

A Raleigh North Carolina Conditional Waiver and Release of Lien Upon Final Payment is a legal document used in the construction industry to protect the rights of contractors, subcontractors, and suppliers. It is typically issued by these parties upon receiving full payment for the services or materials provided for a construction project. This waiver serves as a confirmation that the contractor or supplier will waive and release their right to file a mechanic's lien or claim against the property owner's title for the specific work or materials covered in the document. However, it is important to note that this waiver is "conditional," meaning it is valid only upon the receipt of full payment. Using relevant keywords, some types of Raleigh North Carolina Conditional Waiver and Release of Lien Upon Final Payment documents are: 1. Unconditional Waiver and Release of Lien Upon Final Payment: This type of waiver becomes effective without any conditions upon the receipt of final payment. It permanently waives the contractor's or supplier's right to file a lien against the property. 2. Partial Conditional Waiver and Release of Lien Upon Final Payment: This waiver is used when a contractor or supplier receives partial payment for the work or materials supplied, and it releases the lien rights only to the extent of the payment received. It is conditioned upon receiving the agreed-upon partial payment. 3. Final Conditional Waiver and Release of Lien Upon Final Payment: This type of waiver is issued when a contractor or supplier receives the final payment for the entire project, and it releases the lien rights completely. However, like other conditional waivers, it is only effective upon the receipt of full payment. These waiver forms are crucial for ensuring smooth relationships between parties involved in a construction project and protecting property owners from potential legal complications arising from unpaid debts or disputes. It is advisable for all parties involved to consult with legal professionals to ensure the appropriate usage and completion of such documents in compliance with Raleigh, North Carolina laws and regulations.

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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.

Notarization Not Required Lien waivers in South Carolina do not need to be notarized in order to be effective, they must merely be in writing.

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 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.

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).

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More info

The official North Carolina Lien Agent system website that facilitates Chapter 44-A, Article 2, of the NC General Statutes. Reminder to renew and pay property tax.Primarily as a reference guide for titling and licensing vehicles in the State of North. Carolina. This manual is in hard copy and on. L. Statement that bidder is capable of completing the project within the stated time. 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 Final Payment