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Partial Lien Waiver Form for the United States

Partial Lien Waiver Form Template for United States

A Partial Lien Waiver Form is a legal document used in U.S. construction projects where a contractor, subcontractor, or supplier waives their right to place a mechanics lien on a property, but only for the portion of work for which they have received payment. This document is governed by state-specific mechanics lien laws and must comply with local statutory requirements. It serves as a receipt for payment and provides protection for property owners while allowing contractors to maintain lien rights for unpaid work.

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Partial Lien Waiver Form

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What is a Partial Lien Waiver Form?

A Partial Lien Waiver Form is a crucial document in construction project management and payment processes across the United States. This document is typically required when a contractor, subcontractor, or supplier receives partial payment for their work and needs to waive their lien rights specifically for that portion of payment. The form serves multiple purposes: it acts as a receipt for payment, protects property owners from double payment claims, and helps maintain clear records of payment status. State-specific regulations govern the format and content of these waivers, with some jurisdictions requiring statutory forms. Unlike final lien waivers, partial waivers preserve the right to file liens for unpaid work or future work on the project.

What sections should be included in a Partial Lien Waiver Form?

1. Project Identification: Details of the construction project including address and description

2. Payment Information: Amount received and payment period covered by the waiver

3. Waiver Scope: Specific rights being waived and work covered by the waiver

4. Executing Party Information: Identity and role of the party executing the waiver

5. Signature Block: Formal execution section including date and notarization

What sections are optional to include in a Partial Lien Waiver Form?

1. Conditional Language: Language making the waiver conditional upon receipt of payment (used when payment hasn't been received)

2. Exceptions: List of specific claims or rights reserved (used when certain claims are being preserved)

3. Through-Date: Specific date through which lien rights are being waived (used for precise timing requirements)

What schedules should be included in a Partial Lien Waiver Form?

1. Payment Schedule: Detailed breakdown of payments received and work completed

2. Project Documentation: Relevant permits, contracts, or other project documents

3. Notary Acknowledgment: Required in many jurisdictions for recording purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Release of Lien

Cost

Free to use
Clauses




















Industries

State-Specific Mechanics Lien Laws: Each state has unique mechanics lien laws, including statutory forms, specific requirements for lien waiver language and format, and prohibitions on certain waiver provisions. These laws vary significantly by jurisdiction.

State Construction Law: Includes construction payment regulations, notice requirements, and specific timing requirements for lien waivers as mandated by state legislation.

Uniform Commercial Code (UCC): Federal commercial regulations, particularly Article 3 regarding negotiable instruments and Article 9 regarding secured transactions, which may impact lien waiver validity and enforcement.

State Contract Law: General contract law principles including requirements for valid consideration, contract formation requirements, and enforceability provisions specific to each state.

Federal and State Labor Laws: Including Fair Labor Standards Act, Davis-Bacon Act (for federal projects), and state prevailing wage laws that may affect payment and lien rights.

Property Law: Laws governing real property rights, recording requirements, and priority of liens in relation to other property interests.

Consumer Protection Laws: Regulations protecting consumer interests that may apply depending on the project type and parties involved in the construction contract.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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