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New York Unconditional Waiver and Release of Lien Upon Progress...

Kings New York Unconditional Waiver and Release of Lien Upon Progress Payment

Category:

Liens - Construction - Mechanics

State:

New York

County:

Kings

Control #:

NY-13-09

Format:

Instant download

Description

This Unconditional 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.

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How to fill out New York Unconditional Waiver And Release Of Lien Upon Progress Payment?

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FAQ

The purpose of a Kings New York Unconditional Waiver and Release of Lien Upon Progress Payment is to eliminate any claims for payment by a contractor or supplier once they receive payment for their work. This document protects property owners by ensuring that once payment is made, no further claims can be raised for that work. Additionally, it builds trust in the payment process and provides peace of mind to both parties involved. Utilizing this waiver ensures clarity and reduces potential disputes related to payments.

The primary difference between conditional and unconditional waivers lies in the timing of the waiver's effectiveness. A conditional waiver becomes effective once payment is cleared, while an unconditional waiver takes effect immediately upon signing. In Kings, New York, understanding this distinction is crucial for parties involved in construction projects, as it impacts their rights concerning lien claims.

The claimant on a conditional waiver is typically the contractor or subcontractor who has performed work on a project and is submitting the waiver in exchange for payment. In Kings, New York, this ensures that they receive funds for their labor while agreeing to relinquish their lien rights, but only upon successful payment. This conditionality protects both parties, as the claimant has the security of a lien waiver upon actual payment.

A lien waiver, such as the Kings New York Unconditional Waiver and Release of Lien Upon Progress Payment, indicates that the contractor will not assert a lien after receiving payment. A lien release, on the other hand, formally removes an existing lien from the record. Both documents serve critical roles in construction and property transactions. Understanding these distinctions can help you navigate compliance effectively.

In Florida, lien waivers apply to situations where a contractor or subcontractor receives partial or full payment for services rendered. The Kings New York Unconditional Waiver and Release of Lien Upon Progress Payment applies similarly, ensuring there are no further claims after payment. It's important to understand your rights and obligations under Florida law. Consulting resources from uslegalforms can simplify your understanding of these qualifications.

Filing a lien waiver, such as the Kings New York Unconditional Waiver and Release of Lien Upon Progress Payment, involves completing the necessary form and submitting it to the relevant parties. After you fill out the form, deliver it to the payer or contracting authority. Uslegalforms can assist you with easy access to the templates needed for your waiver. Following proper filing procedures promotes clarity and trust among project stakeholders.

Obtaining a lien release, particularly the Kings New York Unconditional Waiver and Release of Lien Upon Progress Payment, typically requires clear communication between parties. You need to provide proof of payment and any finalized agreements. Working with reliable platforms like uslegalforms can streamline this process, ensuring you have the correct documents ready. This approach reduces potential conflicts and ensures project completion.

Generally, lien waivers, including the Kings New York Unconditional Waiver and Release of Lien Upon Progress Payment, do not need notarization in New York. That said, some stakeholders might request it for additional documentation security. Make sure to review your contract terms for any special stipulations. Proper understanding of these requirements can enhance your project smoothness.

In most cases, a Kings New York Unconditional Waiver and Release of Lien Upon Progress Payment does not require notarization. However, specific projects or contracts may have unique requirements. Always check your contract obligations and local laws to confirm any notarization needs. Ensuring compliance helps protect against future disputes.

Writing a release waiver requires clarity and specificity. Begin with the details of the parties and the context of the waiver, then outline the terms clearly. Make sure to specify the conditions under which the waiver operates, drawing on examples such as the Kings New York Unconditional Waiver and Release of Lien Upon Progress Payment to provide context.

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Unconditional Waiver and Release of Lien Upon Progress Payment

Note: This summary is not intended to be an all inclusive discussion of New York's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can file a lien in this State?

New York law permits "A contractor, subcontractor, laborer, materialman, landscape gardener, nurseryman or person or corporation selling fruit or ornamental trees, roses, shrubbery, vines and small fruits, who performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner thereof, or of his agent, contractor or subcontractor, and any trust fund to which benefits and wage supplements are due or payable for the benefit of such laborers, to have a lien for the principal and interest, of the value, or the agreed price, of such labor, including benefits and wage supplements due or payable for the benefit of any laborer, or materials upon the real property improved or to be improved and upon such improvement, from the time of filing a notice of such lien..." N.Y. Lien Law Â§3.

How long does a party have to file a lien?

A notice of lien may be filed at anytime during the progress of the work and the furnishing of the materials, or, within eight months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished; provided, however, that where the improvement is related to real property improved or to be improved with a single family dwelling, the notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within four months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished. N.Y. Lien Law Â§10.

What kind of notice is required prior to filing a lien?

"Within five days before or thirty days after filing the notice of lien, the lienor shall serve a copy of such notice upon the owner, if a natural person, (a) by delivering the same to him personally, or if the owner cannot be found, to his agent or attorney, or (b) by leaving it at his last known place of residence in the city or town in which the real property or some part thereof is situated, with a person of suitable age and discretion, or (c) by registered or certified mail addressed to his last known place of residence, or (d) if such owner has no such residence in such city or town, or cannot be found, and he has no agent or attorney, by affixing a copy thereof conspicuously on such property, between the hours of nine o'clock in the forenoon and four o'clock in the afternoon; if the owner be a corporation, said service shall be made (i) by delivering such copy to and leaving the same with the president, vice-president, secretary or clerk to the corporation, the cashier, treasurer or a director or managing agent thereof, personally, within the state, or (ii) if such officer cannot be found within the state by affixing a copy thereof conspicuously on such property between the hours of nine o'clock in the forenoon and four o'clock in the afternoon, or (iii) by registered or certified mail addressed to its last known place of business. Failure to file proof of such a service with the county clerk within thirty-five days after the notice of lien is filed shall terminate the notice as a lien." N.Y. Lien Law Â§10.

How long is a lien good for?

"Any lien created under New York law shall be a lien for a period longer than one year after the notice of lien has been filed, unless within that time an action is commenced to foreclose the lien, ..." or the appropriate steps are taken to request that the court grant an extension. N.Y. Lien Law Â§17.

Are liens assignable?

Yes. New York statutes provide for the assignment of valid liens. The assignment must be in writing and acknowledged by the lien holder. N.Y. Lien Law Â§13.

Does this State require or provide for a notice from subcontractors and laborers to property owners?

Yes. A contractor working on a public improvement may issue a written demand that a state agency provide a notice of completion and acceptance. Also, a subcontractor or other party who furnishes labor and or materials for the improvement of property may issue a demand to the owner or contractor demanding that the owner or contractor provide a statement of the terms of the contract between the owner and the contractor.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Yes. Under New York law a property owner whose property has been the subject of a notice of lien may demand in writing that the lien claimant provide an itemized statement of the labor and/or materials provided and their value.

Does this State require a notice prior to starting work, or after work has been completed?

No. New York statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. New York statutes do not have a provision which permits the denial of responsibility for improvements.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. New York statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.

By what method does the law of this State permit the release of a lien?

A lien claimed under New York law may be discharged by the issuing of a certificate by the lien holder, filed in the court where the lien notice was filed, acknowledging the satisfaction and release of said lien. Otherwise, the lien will dissolve automatically within one year of filing if no legal action is taken to foreclose on said lien.

Does this State permit the use of a bond to release a lien?

Yes. New York law permits a party with an interest in the property in question to file a bond in the amount unpaid under the contract.