Nebraska Unconditional Waiver and Release of Lien Upon Progress Payment

State:
Nebraska
Control #:
NE-07A-09
Format:
Word; 
Rich Text
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Overview of this form

The Unconditional Waiver and Release of Lien Upon Progress Payment is a legal document used by a lienor to waive their lien rights in exchange for payment. This form ensures that the lienor cannot make a claim for labor, services, or materials provided up to a specified date. Unlike other lien releases, this form is unconditional, meaning that the lienor relinquishes their rights regardless of whether the payment is made in full or in part after the waiver is executed.

What’s included in this form

  • Date of waiver execution
  • Amount received in consideration
  • Signature of lien holder
  • Name and details of the customer
  • Job details of the property owner
  • Description of the property
  • Limitation on future claims

When to use this document

This form should be used when a lienor has provided labor, services, or materials to a project and has received a progress payment. By executing this form, the lienor confirms that they accept the payment and agree to relinquish their right to file a lien for the work completed up to that date. This is commonly used in construction projects where progress payments are made periodically.

Intended users of this form

  • Lien holders in the construction industry
  • Contractors and subcontractors providing work or materials
  • Suppliers of goods for construction projects
  • Property owners receiving work or materials

Instructions for completing this form

  • Enter the date of the waiver in the designated field.
  • Specify the amount received for labor, services, or materials.
  • Fill in the date through which labor, services, or materials have been provided.
  • Include the name of the customer receiving the work.
  • Describe the property that is the subject of the lien.
  • Sign and print the name of the lien holder at the bottom of the form.

Is notarization required?

This form does not typically require notarization unless specified by local law. It is advisable to check local regulations to ensure compliance.

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Mistakes to watch out for

  • Failing to fill in the exact date and amount, which may cause the waiver to be invalid.
  • Not completing the property description adequately, leading to confusion.
  • Neglecting to obtain a signature, which is crucial for the document's enforceability.

Benefits of completing this form online

  • Convenient access to customizable templates anytime.
  • Immediate downloading capabilities, saving time.
  • Reliability with forms drafted by licensed attorneys.
  • The Unconditional Waiver and Release of Lien Upon Progress Payment protects property owners by removing a lien in exchange for payment.
  • Correctly completing the form is crucial to maintaining legal validity.
  • It is commonly used in the construction industry after progress payments are made.

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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 Unconditional Waiver and Release of Lien Upon Progress Payment