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Waiver of Lien

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WAIVER OF LIEN-INDIVIDUAL
(A.S. § 34.35.117)

COMES NOW, , as a party who has claimed a lien for labor, materials, services, or equipment provided for the improvement of the property located at , and would state as follows:

1. The undersigned has been paid in full for all labor, materials, services, or equipment furnished to the jobsite or to person with whom the undersigned contracted, on the job of owner, located at

2. The undersigned is not an employee of the owner or any contractor furnishing labor, materials, services, or equipment for the improvement of the property described above.

3. Pursuant to Alaska Statute § 34.35.117, the undersigned does hereby waive and release any right to a mechanic's lien relating to the labor, materials, services, or equipment provided for the improvement of the property described above.

4. This Waiver requires no consideration and is valid and binding but may not relate to labor, materials, services, or equipment furnished after the date it is signed.

This the day of 20

Signature Print or Type Name

Verification

I say on oath or affirm that I have read the foregoing (or attached) document and believe all statements made in the document are true.

Signature

State of

Judicial District (or County) of

or Municipality of

The foregoing instrument was acknowledged before me this (date) by

Signature of Person Taking Acknowledgment

Title or Rank

My Commission Expires: Serial Number, if any

Waiver of Lien

Page 1 of 2

Waiver of Lien

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What a Waiver of Lien Is and why it matters

A Waiver of Lien is a written statement from a contractor, subcontractor, or supplier that relinquishes the right to place or enforce a mechanic's or construction lien for work performed or materials supplied. Waivers can be full or partial, conditional or unconditional, and they are commonly used to confirm receipt of progress or final payment. Properly executed waivers reduce the risk of duplicate claims, streamline payment flows, and clarify the status of lien rights on a project, but incorrect waivers may permanently affect a party's ability to secure payment through a lien.

When a Waiver of Lien protects project cash flow

A clear waiver documents payment events and prevents surprise lien filings that can delay closings or payment releases. It creates a predictable record for owners, lenders, and general contractors when tied to invoices or draw requests.

When a Waiver of Lien protects project cash flow

Who typically completes or signs a Waiver of Lien

The following participants commonly prepare or sign waivers during construction and real estate transactions.

  • General contractors who confirm progress payments and request draws on behalf of subcontractors and suppliers.
  • Subcontractors and suppliers who acknowledge receipt of payment for work or materials supplied on a specific invoice or pay application.
  • Owners and lenders who require waivers to release retainage, fund draws, or clear title during closings.

Use party-specific waiver forms (partial, conditional, final) to match the payment event and preserve rights until payment clears.

Who signs and why it matters

Authorized Signer

A person with authority to bind the contracting entity (owner, officer, or authorized agent). Verify corporate authorization, purchase order references, or board minutes when needed to avoid disputes over signature authority.

Payee Representative

Project administrators, billing managers, or site superintendents may sign if explicitly delegated. Record delegation in writing so the waiver is not later challenged for lack of authority.

Essential fields you must include

Payee Name: Exact legal name
Payer Name: Exact legal name
Payment Date: MM/DD/YYYY
Invoice / Draw: Invoice or draw reference
Waiver Type: Conditional or unconditional
Signature Block: Signer and date

Step-by-step: Complete a Waiver of Lien correctly

Follow these essential steps to prepare a waiver that matches the payment event and preserves necessary rights until funds clear.

  • 01
    Identify parties: Enter payer and payee legal names exactly.
  • 02
    Reference payment: List invoice number, amount, and pay application period.
  • 03
    Choose waiver type: Select conditional for pending payment; unconditional if funds cleared.
  • 04
    Sign and date: Authorized signer signs and dates the document.

Configure an online waiver workflow

Set up fields and authentication to match project risk and the payer's approval process before sending the waiver for signature.

Field Configuration
Authentication Email link or SMS code for signer verification
Conditional Fields Show conditional waiver text when payment pending
Template Name Use a standard project-specific template
Signing Order Define signer sequence: subcontractor → GC → owner

Typical routing and submission flow

A standard electronic routing sequence keeps approvals orderly and maintains an audit trail for payment reconciliation.

  • Upload document: Attach signed agreement or invoice for context.
  • Place fields: Add signature, date, and invoice reference fields.
  • Send to signers: Email or secure link to designated signers in order.
  • Archive and distribute: Store signed copy and send PDF to payer and project file.

Digital signing and technical considerations

Choose a signing platform that supports clear audit trails, conditional fields, and flexible authentication for contractor workflows.

  • File formats: PDF, DOCX
  • Integrations: Connects with Procore, NetSuite, and Google Workspace
  • Authentication: Email link, SMS code, or KBA when required

Retain an immutable audit trail (timestamps, IP, signer info) and store signed waivers in a central records system for project audits.

Timing: when to deliver waivers during a project

Timely delivery aligns payments, retainage releases, and lien rights; coordinate waivers with invoice and draw schedules.

Upon payment receipt:

Deliver conditional or unconditional waiver tied to payment date.

Progress draws:

Submit partial waivers for each approved pay application period.

Final payment:

Provide final unconditional waiver before final retainage release.

Escrow/closing:

Coordinate waivers to satisfy lender or escrow holdback conditions.

Disputed payments:

Do not sign unconditional waivers until disputes are resolved.

Key milestones from request to filing

Track each milestone to maintain a defensible record and prevent premature waiver acceptance or missed filings.

01

Request Received

Owner or GC issues a waiver request referencing invoice and draw.

02

Review & Verify

Payee verifies work completed and amount due before signing.

03

Sign and Authenticate

Authorized signer executes with required authentication or notarization.

04

Distribute & File

Send signed copy to payer, lender, and project archive.

Common preparation and execution mistakes to avoid

  • Signing an unconditional waiver before funds clear and thereby forfeiting lien rights for an unpaid invoice.
  • Using vague payment descriptions or omitting invoice numbers, which creates ambiguity over which work is released.
  • Allowing unauthorized personnel to sign without written delegation, leading to challenges over signature authority.
  • Failing to retain a signed copy and audit trail, complicating dispute resolution and lien defense.

Risks and consequences of an incorrect waiver

Loss of lien rights: May forfeit claim
Payment disputes: Harder to recover unpaid sums
Title delays: Closings may be postponed
Liability exposure: Possible contractual breach
Tax implications: Backup withholding risk
Recordkeeping gaps: Evidence weakened in court

Comparison: eSignature vendors for handling Waivers of Lien

Platform choice affects authentication, audit trails, and HIPAA/industry compliance. The table below summarizes common pricing and feature availability across 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
HIPAA Compliant Yes Yes Yes No No

Real-world examples of waiver use and outcomes

The examples below show how contractors and property managers use waivers to align payment and risk management.

Tim Martin — Martin Properties

Tim Martin describes executing documents online with full compliance and security, enabling remote approvals for property projects.

  • Digital execution allowed mobile and offline signing during site work.
  • This approach shortened cycles and ensured that waivers tied to specific invoices were captured and stored centrally for closing and audit purposes.

Brian Fitzgibbons — Optica Ventures LLC

Brian Fitzgibbons highlights a simple interface that is easy for teams and customers alike, reducing friction on payment approvals.

  • Clear templates prevented mismatched references.
  • The result was fewer disputed pay applications, cleaner lien searches, and faster release of funds during closings.

Practical tips for accurate and efficient completion

Adopt consistent practices to reduce errors, speed approvals, and protect lien rights while keeping records audit-ready.

Use conditional waivers when payment pending
Mark waivers as conditional until funds fully clear. This preserves lien rights if payer payment is reversed, returned, or delayed.
Reference invoices and contract items
Attach or cite invoice numbers, payment periods, and contract line items so the waiver clearly identifies the work or materials covered.
Verify signer authority in writing
Keep written evidence of delegation or corporate authorization to sign; this mitigates later challenges to the waiver's validity.
Maintain an immutable audit trail
Store signed waivers with timestamps, IP addresses, and certificate-of-completion records to support enforcement or defense of lien-related disputes.

Frequently asked questions about Waivers of Lien

Answers to common legal, procedural, and technical questions about drafting, signing, and revoking waivers.


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