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Glossary

Lien waiver

Also called: lien release · waiver of lien

A lien waiver is a document in which a contractor, subcontractor or supplier gives up some or all of their right to place a lien on a property, usually in exchange for a payment.

Waivers are conditional or unconditional, and progress or final. A conditional waiver takes effect only once the payment it describes has actually been received; an unconditional one takes effect the moment it is signed. A progress waiver covers work through a stated date; a final waiver gives up lien rights on the whole job.

Owners, lenders and general contractors collect them with each payment so they know the people who worked on a property have been paid. The rules — including whether specific statutory forms must be used — vary considerably from state to state.

Why it matters to a contractor

Signed at the wrong moment, a waiver gives away your strongest collection tool for money you have not received. Tracked properly against each payment, waivers stop being the reason a draw gets held up.

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