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Lien waivers explained

The four kinds of lien waiver, when each is used, which states require their own statutory wording, and a printable log for tracking the waivers on each payment.

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What it is

A lien waiver is a document in which a contractor, subcontractor or supplier gives up some or all of its right to file a mechanics' lien, usually in exchange for a payment. Owners and GCs collect them to show that the people who did the work have been paid.

When it's required

Owners, GCs, lenders and title companies commonly require waivers with every payment. Several states mandate the exact wording of the waiver form, and a waiver that doesn't follow it may not be enforceable.

Not legal advice. Use your state's statutory form where required.

Several states mandate the exact wording of lien waivers, including Arizona, California, Florida, Georgia, Massachusetts, Michigan, Mississippi, Missouri, Nevada, Texas, Utah, Wyoming. In those states, use the statutory form the law sets out; a waiver that departs from it may not be valid. This page explains the general types only and does not draft any state's form. Lien law varies and changes: check your state's statute or ask a construction lawyer before you sign or ask anyone else to.

Field by field

Conditional progress waiver: Waives lien rights for work through a date, only once the stated payment is actually received. Sent with a pay application.
Unconditional progress waiver: Waives lien rights for work through a date, effective immediately. Sign it only after the payment has cleared.
Conditional final waiver: Waives all remaining lien rights on the job once the final payment is received.
Unconditional final waiver: Waives all remaining lien rights immediately. Sign only after the final payment has cleared.
Claimant, customer, owner, job: Who is waiving, who is paying them, the property owner, and the job's address or description.
Through date and amount: The date the waiver covers work through, and the payment it relates to. Watch for exceptions such as retainage or disputed extras.

Printable version

Prints on US Letter with only the form; wide forms print landscape.

Lien waiver tracking log

Project

Owner

Pay application no.

Period to

Claimant (sub or supplier)	Amount this payment ($)	Through date	Type	State form used?	Received	Exceptions noted
			Cond. progress Uncond. progress Cond. final Uncond. final	Yes N/A
			Cond. progress Uncond. progress Cond. final Uncond. final	Yes N/A
			Cond. progress Uncond. progress Cond. final Uncond. final	Yes N/A
			Cond. progress Uncond. progress Cond. final Uncond. final	Yes N/A
			Cond. progress Uncond. progress Cond. final Uncond. final	Yes N/A
			Cond. progress Uncond. progress Cond. final Uncond. final	Yes N/A
			Cond. progress Uncond. progress Cond. final Uncond. final	Yes N/A
			Cond. progress Uncond. progress Cond. final Uncond. final	Yes N/A
			Cond. progress Uncond. progress Cond. final Uncond. final	Yes N/A
			Cond. progress Uncond. progress Cond. final Uncond. final	Yes N/A
			Cond. progress Uncond. progress Cond. final Uncond. final	Yes N/A
			Cond. progress Uncond. progress Cond. final Uncond. final	Yes N/A

A tracking log, not a waiver. Use your state's statutory waiver form where one is required. Not legal advice.

Questions contractors ask

Which states require a statutory form?

Several do, including Arizona, California, Florida, Georgia, Massachusetts, Michigan, Mississippi, Missouri, Nevada, Texas, Utah, Wyoming. Laws change, so check your state's current statute or ask a construction lawyer.

Does YakProject have statutory waivers?

YakProject has statutory wording for California, Texas, Georgia and Arizona, and a generic form for other states, on the Company and Business plans.

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The same form, filled in on the phone, kept with every revision and exported as PDF or CSV. One job is free.

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