Construction Lien Waiver Form

CONSTRUCTION LIEN WAIVER FORM

This Lien Waiver and Release (the "Waiver") is made between the parties set forth below in consideration of the payment described herein and other good and valuable consideration.

Parties

Contractor Subcontractor Supplier Other:

Recitals

WHEREAS, Claimant has performed labor, furnished materials, or provided services for the Project under a written or oral contract with the Payor or Payor's agent; and

WHEREAS, Claimant has submitted invoice number in the amount of $ for the labor, materials, or services provided; and

WHEREAS, in consideration of payment or the promise of payment described below, Claimant is willing to waive and release certain lien rights consistent with the terms below.

Scope of Work

Payment Terms

Payment Amount Received or To Be Received: $    Payment Date:

Late Payment Fee:

Type of Waiver and Release

Select the applicable waiver (check one):

Conditional Waiver and Release on Progress Payment — This waiver is effective only upon receipt by Claimant of the payment identified above and only to the extent of the payment actually received. Claimant does not waive rights for amounts not yet paid.

Unconditional Waiver and Release on Progress Payment — Claimant acknowledges receipt of the payment identified above and releases any lien rights for the work, labor, and materials covered by that payment to the extent of the payment received.

Conditional Waiver and Release on Final Payment — This waiver is effective only upon final payment and receipt of cleared funds, and waives lien rights only to the extent of the final payment.

Unconditional Waiver and Release on Final Payment — Claimant acknowledges receipt of the final payment in full and waives and releases all lien rights, claims, and demands against the Project and Payor arising from the labor, materials, or services provided through the date of this Waiver.

Certifications and Representations

Claimant hereby certifies that: (a) Claimant has been paid for the payment amount indicated above to the extent stated; (b) all subcontractors, laborers and suppliers employed or retained by Claimant for the Project have been paid for work and materials furnished to the extent required by Claimant's contracts and applicable law, except as otherwise disclosed in writing below; (c) there are no outstanding stop notices, liens, or claims against the Project for which Claimant has not been paid, except as disclosed below; and (d) Claimant has authority to execute this Waiver.

Release of Lien Rights

Upon receipt of the payment described above (and subject to the type of waiver selected), Claimant releases, waives, and relinquishes any and all mechanic's lien rights, stop notice rights, and claims against the Project, the owner of the Project, and any construction lender to the extent of the payment received. This release applies to work, labor, and materials provided by Claimant through the date of this Waiver.

Term and Termination

This Waiver is effective as of the date signed below and terminates only upon completion of the parties' obligations under the payment terms, except that the release provisions survive termination to the extent they have already become effective by payment. Contract/Work Commencement Date: . Anticipated Completion Date:

Notice Period for Termination:

Confidentiality

The parties agree that payment terms and amounts described in this Waiver are confidential commercial information. Neither party shall disclose such information to third parties except as required by law, to collection counsel, or to enforce the terms of this Waiver.

Governing Law; Entire Agreement

This Waiver shall be governed by and construed in accordance with the laws of the state where the Project is located. This Waiver constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior agreements, whether written or oral, relating to the same subject.

Notices

Acknowledgement

Claimant acknowledges that execution of this Waiver may affect Claimant's potential lien rights and that Claimant has had an opportunity to consult legal counsel before executing this document. Claimant further certifies under penalty of perjury under applicable law that the statements contained in this Waiver are true and correct.

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