What is a Lien Waiver Form?
A Lien Waiver Form is a legal document signed by a contractor, subcontractor, or supplier that confirms payment has been received and waives the right to file a lien against the property for that payment.
Lien Waiver Form Template: Conditional & Unconditional Types
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Lien Waiver Form Template
This Lien Waiver Form (“Form”) is entered into on [Date], by and between:
Property Owner: [Full Name / Company Name]
Address: [Address]
Contact: [Phone, Email]
Contractor/Claimant: [Full Name / Company Name]
Address: [Address]
Contact: [Phone, Email]
1. Property Information
-
Project Name/Description: [Project Name]
-
Property Address: [Full Address]
2. Payment Details
-
Amount Received: $[Amount]
-
Payment Type: ☐ Progress Payment ☐ Final Payment
-
Date of Payment: [MM/DD/YYYY]
3. Waiver of Lien Rights
In consideration of the above payment, the Claimant hereby waives and releases any and all lien or claim of lien rights against the property described herein, to the extent of the payment received.
4. Conditional/Unconditional Status
☐ Conditional Waiver (effective only upon cleared payment).
☐ Unconditional Waiver (effective immediately upon signing).
5. Certification
The undersigned certifies that they are duly authorized to execute this waiver and that payment has been received as indicated.
6. Governing Law
This Form shall be governed by the laws of [State/Country].
Signatures
Contractor/Claimant: ___________________________ Date: _________
Name/Title: [Full Name, Title]
Property Owner/Representative: ________________ Date: _________
Name/Title: [Full Name, Title]
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Lien Waiver Form Template: Conditional & Unconditional Types
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For quick answers, scroll below to see the FAQ.
Frequently asked
Lien Waiver Form Template — quick answers
Why is a Lien Waiver Form important?
It protects property owners and lenders by ensuring no future claims for payment will arise after funds are disbursed. For contractors, it serves as written acknowledgment of payment received and helps maintain positive working relationships.
When should you use a Lien Waiver Form?
Use a lien waiver whenever making progress payments or final payments on a construction project. It is often required by lenders before disbursing funds.
What should a Lien Waiver Form include?
It should include the names of the property owner, contractor, and claimant; a description of the property and work performed; the payment amount; and a statement waiving lien rights up to the amount paid.
Are there different types of lien waivers?
Yes. Common types include conditional waivers (effective upon cleared payment) and unconditional waivers (effective immediately upon signing). The correct type depends on the stage of payment and jurisdiction.
What are the requirements for a lien waiver in Texas?
In Texas, a lien waiver is enforceable only if it substantially complies with one of the four statutory forms in Property Code § 53.284, so a Texas project needs that wording rather than a general form like this one. They cover conditional and unconditional waivers, for progress and final payments. Section 53.281 requires the claimant or an authorized agent to sign the waiver, and a conditional waiver takes effect only with evidence of payment. The current text, amended effective January 1, 2022, does not require notarization. Under § 53.283, no one may demand an unconditional waiver until the claimant has been paid in good funds. AI Lawyer can collect the project and payment details to copy onto the Texas form.
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