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Waiver and Release of Lien Upon Progress Payment

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Waiver and Release of Lien Form

Prepared by, recording requested by

and return to:

Name:

Company:

Address:

City: Zip:

State:

Phone:

Fax:

---Above this Line for Official Use Only---

WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT- CORPORATION

The undersigned lienor, in consideration of the sum of $ hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished through

, 20 to (customer)

on the job of (owner of property) to the following

described property:

This waiver and release does not cover any retention or labor, services, or materials furnished after the date specified.

DATED on day , 20

Attest:

Secretary

Corporate Lienor's Name

Address

By

Title

Printed Name

STATE OF

COUNTY OF

Sworn to (or affirmed) and subscribed before me this day of ,

20 by (name of person making statement) who is

personally known to me or produced as identification, and who did take an oath.

NOTARY PUBLIC

Printed Name of Notary

Commission Expires

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What a Waiver and Release of Lien Upon Progress Payment Is

A Waiver and Release of Lien Upon Progress Payment is a written document in which a claimant (contractor, subcontractor, or supplier) acknowledges receipt of a partial payment and waives lien rights only to the extent of that payment. It is commonly used in construction and related projects to clear the way for continued funding and to document which amounts have been satisfied. The form can be conditional (effective upon actual funds clearing) or unconditional (effective on delivery) and should clearly identify the project, amounts paid, and the period the waiver covers.

Why this form matters for payments and lien exposure

Using a clear waiver and release protects payors from duplicate claims and gives claimants documented proof of payment while preserving rights only for unpaid amounts where appropriate.

Why this form matters for payments and lien exposure

Typical users and roles that complete this form

The form is used by parties directly involved in payment and lien risk on construction and improvement projects.

  • Contractors and subcontractors who receive progress payments and need to document partial releases of lien rights.
  • Property owners, developers, and general contractors who require proof of payment before releasing funds.
  • Lenders, title companies, and owners verifying that project disbursements have cleared lien exposure for the covered amount.

Each party should confirm that the waiver type (conditional vs unconditional) matches the payment method and timing to avoid unintended releases.

Step-by-step: completing a waiver and release upon progress payment

Follow these steps to prepare and exchange the waiver safely and clearly.

  • 01
    1. Identify Parties: Confirm legal names for claimant, payor, and owner.
  • 02
    2. Specify Project: Add project address and contract reference.
  • 03
    3. State Payment Details: Record amount, invoice number, and payment date.
  • 04
    4. Sign and Deliver: Execute, notarize if required, and send proof to payor.

How to configure an online waiver workflow

Set up a predictable eSigning workflow so waivers execute correctly and records are retained.

Field Configuration
Authentication Email link with optional SMS code for signer verification
Conditional Fields Show conditional waiver language when selecting 'Unconditional' versus 'Conditional'
Template Reuse Create reusable templates per project to reduce entry errors
Storage Save completed PDFs to secure cloud or project folder

Where a completed waiver typically goes

A signed waiver should be routed to every stakeholder who relies on payment documentation.

  • Upload: Sender uploads form to the signing platform
  • Assign: Place signature, date, and notary fields as needed
  • Sign: Signer completes signing and confirms identity
  • Distribute: Return executed copy to payor, owner, and records

Digital signing and connectivity considerations

Ensure the eSignature platform supports the authentication and storage controls you need.

  • Integrations: Salesforce, NetSuite, Procore, Google Workspace supported
  • Formats: PDF and DOCX preservation with audit trail
  • Security: AES-256 at rest; TLS 1.2/1.3 in transit

Choose a platform that captures a robust audit trail and fits your existing document storage and project systems.

Key timing points and statutory considerations

Timeframes linked to waivers and construction liens vary by state; confirm local filing and notice deadlines.

Payment Date:

Date payment was made or cleared; controls waiver effectiveness

Waiver Effective Date:

Date the waiver takes effect; conditional waivers may be effective upon funds clearing

Lien Filing Window:

State statute determines how long a claimant has to file a lien

Notice Deadlines:

Preliminary notice or notice to owner deadlines vary by state and claimant role

Statute of Limitations:

Limitations for enforcing lien or payment claims differ by jurisdiction

Typical milestone sequence for a progress payment waiver

A clear sequence reduces payment disputes and preserves rights while documenting releases.

01

Invoice Issued

Claimant issues invoice for work or materials supplied during the period.

02

Payment Processed

Payor processes progress payment and confirms transaction clears.

03

Waiver Executed

Claimant signs conditional or unconditional waiver and dates it.

04

Records Distributed

Executed waiver is delivered to owner, payor, lender, and retained in records.

Common mistakes to avoid when preparing a waiver

  • Using an unconditional waiver before funds have cleared, which can permanently forfeit lien rights for that amount.
  • Omitting precise project identification or invoice numbers, causing ambiguity about what the waiver covers.
  • Failing to match claimant name exactly to contract and tax documents, which can invalidate the release.
  • Not recording or distributing the executed waiver to all stakeholders, leaving unresolved lien risk.

Consequences of incorrect or premature waivers

Loss of Lien Rights: May forfeit ability to file a lien for the released amount
Payment Disputes: Can trigger claims for double payment or breach
Enforceability Risk: Ambiguous language may be unenforceable in court
Contract Breach: May violate contract terms if not authorized
Delay in Funding: Payor may withhold further draw requests for clarification
Notarization Errors: Missing notary where required can void certain releases

Essential information to include on the waiver

Claimant: Full legal name
Payor: Company or owner receiving waiver
Project: Address and contract reference
Payment: Exact amount paid
Period: Dates covered by the waiver
Signature: Authorized signer and date

Key elements found in professional waiver and release forms

A robust form balances clarity for the payor with protection of remaining claim rights for the claimant; these six elements are standard.

Waiver Type

State whether the waiver is conditional (effective when payment clears) or unconditional (effective on delivery), and specify the triggering event.

Scope

Define the exact work, invoices, or contract items covered so the release applies only to the intended amounts and period.

Amount

Record the precise dollar sum received and, where helpful, the remaining unpaid balance on the contract.

Representations

Include statements that work has been performed or materials supplied to date, and that no further releases are intended beyond the stated amount.

Signature Block

Provide space for printed name, title, date, and for corporate entities the signer’s authority and capacity.

Notary/Attestation

Include notary acknowledgement or witness lines where state law or contract requires notarization for recordability or stronger enforceability.

Real-world examples of waivers in practice

These short examples illustrate how organizations document progress payments and releases.

Optica Ventures LLC — Brian Fitzgibbons

A mid-size development firm used a conditional progress waiver to align draw schedules with subcontractor payments.

  • The waiver specified invoice numbers and a cleared-funds condition.
  • The clear form and prompt distribution helped prevent payment delays and kept the project cash flow transparent for owner, lender, and contractors.

Martin Properties — Tim Martin

A property manager executed unconditional waivers only after receiving bank-confirmed wire transfers.

  • Each waiver included a notarized signature and project address.
  • That practice reduced title objections during escrow and provided an auditable chain of payment proof for subsequent closings and draws.

Common eSignature vendor pricing and capability snapshot for waivers

Below is a concise pricing and capability comparison to consider for executing waivers and progress payment releases. Do not rely on this table as the sole procurement input; verify current plans with vendors.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about waivers and progress payments

Answers to common questions about enforceability, signatures, notarization, and electronic execution for waivers and releases.


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