Nebraska Conditional Waiver and Release of Lien Upon Progress Payment

State:
Nebraska
Control #:
NE-07-09
Format:
Word; 
Rich Text
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What this document covers

The Conditional Waiver and Release of Lien Upon Progress Payment form is a legal document used by a lienor to waive their right to claim a lien on property in exchange for a specific payment. This form is crucial for ensuring that contractors, subcontractors, or suppliers relinquish their lien rights after receiving a partial payment for services provided or materials supplied. Unlike a final waiver, this conditional waiver applies specifically to progress payments and is void if the payment is not received within the agreed timeframe.

What’s included in this form

  • Introduction of the lienor, including the date and amount of the payment.
  • Details about the customer and the property related to the lien.
  • Conditions under which the waiver is valid, including the timeframe for payment receipt.
  • Signature section for the lien holder to validate the waiver.
  • Explicit mention that the waiver does not cover future payments or retention.

Situations where this form applies

This form is typically used when a contractor, subcontractor, or supplier has provided labor or materials for a construction project and has received a progress payment. It serves as a record that the lienor waives their right to file a lien for work completed up to a specified date, contingent on the payment being made. If the payment is not received within the stipulated days, the lienor retains their right to file a lien.

Who should use this form

  • Contractors seeking to confirm receipt of a progress payment while waiving lien rights.
  • Subcontractors and suppliers involved in construction or renovation projects.
  • Property owners requiring proof that contractors have received payments and waived their lien rights.

How to prepare this document

  • Identify the date of the waiver and complete it in the designated field.
  • Enter the total amount accepted for the progress payment.
  • Fill in the specific date through which labor, services, or materials have been provided.
  • Provide the name of the customer and the property owner.
  • Sign and print the name of the lien holder in the signature section.
  • Ensure all details are accurate to avoid complications regarding the waiver.

Does this document require notarization?

Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.

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Common mistakes

  • Not specifying the due date for payment, leading to confusion about the waiver's validity.
  • Failing to provide complete details about the work completed, including descriptors for the property.
  • Neglecting to sign the document, making it legally ineffective.

Benefits of completing this form online

  • Instant access to a legally vetted document that reduces the risk of errors.
  • Edit and customize the form to fit specific needs before downloading.
  • A reliable and efficient way to manage contracts and waiver processes without the need for legal counsel.

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FAQ

An "Unconditional Waiver and Release Upon Final Payment" extinguishes all claimant rights upon receipt of the payment. A "Conditional Waiver and Release Upon Final Payment" extinguishes all claimant rights upon receipt of the final payment with certain provisions.

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.

Signing an unconditional lien waiver is enforceable even before you get paid. This means that if you sign an unconditional lien waiver before receiving the money and the property owner ends up not paying up, you have already waived your lien rights because you signed the unconditional lien waiver.

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.

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Nebraska Conditional Waiver and Release of Lien Upon Progress Payment