The Subcontractor Affidavit and Waiver of Lien is a crucial document in U.S. construction project management, typically required before or upon payment for completed work. It protects property owners and general contractors from double payment claims while ensuring proper payment documentation. The document combines a sworn statement (affidavit) confirming payment receipt with a legal waiver of mechanics lien rights. State laws govern the specific requirements, timing, and format of these documents, with some jurisdictions mandating statutory forms. They may be conditional (pending payment) or unconditional (after payment), and are commonly required for both progress payments and final payment.
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1. Identification of Parties: Details of the subcontractor, contractor, and project owner
2. Project Information: Specific details about the construction project and location
3. Payment Details: Amount received and payment information being certified
4. Waiver Statement: Explicit waiver language releasing lien rights
5. Certification: Subcontractor's sworn statement regarding payment receipt and lien release
6. Execution: Signature blocks and notarization requirements
1. Conditional Waiver Provisions: Used when the waiver is contingent on payment receipt - typically included for progress payments or when payment hasn't been received
2. Reservation of Rights: Preserves rights for retention or pending changes - included when partial payment is received or disputed amounts exist
3. Through-Date Provisions: Specifies the effective date of the waiver - used for partial or progress payment waivers
1. Schedule of Values: Detailed breakdown of work completed and amounts paid
2. Payment History: Record of previous payments received
3. Supporting Documents: Copies of checks, payment confirmations, or other proof of payment
4. Lower-tier Releases: Lien waivers from sub-subcontractors or suppliers
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