Conditional and Unconditional Lien Waivers: What They Mean and When to Use Them

Hal EmalfarbMechanics Lien

lien waiver

The real estate industry in the United States is growing with time. At present, the demand and prices of residential properties is increasing day by day. Now, the construction companies and builders are developing high-rising residential properties for buyers. But, they are struggling to get paid for their services and material supply by the property owners. Hence, the real estate authority in the United States has given the right to the construction contractors or subcontractors and material suppliers to file a lien against the owner to pay the due amount. Also, the material supplier and owner have to sign a lien waiver form or agreement. This form will allow the supplier to reserve the right to file a lie on the property they work at, if not get paid the full amount. Thus, it becomes easier for suppliers to lien on a house and reserves the right on it till get paid fullest.

What is Lien Waiver?

A lien waiver is a sort of document or an agreement signed between the counterparty and material supplier. The counterparty gives the right to the payer to wave off lien property rights in future when full payment will get done. The lien wavier party will release the document or lien form or exchange it from the owner for payment clearance. A lien waiver property form is a legal document that empowers the supplier to file a lien on a house to recover the unpaid amount from the owner. The lien waiver document will also include complete details of the due amount, date, and payment period as well.

There are two types of lien waivers such as conditional waiver and unconditional waiver.

1. Conditional Lien Wavier

This type of lien waiver agreement focuses on how much amount needs to pay by a particular date. The supplier may release the right to file a lien against the owner to pay due money by a specified date or time. For this, the wavier can sign an agreement that includes details of the amount to owe till a particular date or time. Once the full payment gets received by the contractor to date, the conditional lien will become effective. Thus, it shows that the contract has to release the right to file a lie and relieve the owner from the lien case.

Also Read: How Liens Work? Can Liens Impact Your Property?

2. Unconditional Lien Wavier

This sort of lien waiver form needs to sign by the supplier or contractor when the full payment gets done by the property owner. The contractor can sign this form with immediate effect after getting paid. The form will become effective as you sign and rules need to follow by both parties. You should sign an unconditional lien waiver form once you get complete proof of payment done like invoices or check clearance detail. Thus, it will give relief to the contractor to file an unconditional lien waiver form that ensures that there is no due remaining.

Thus, you have come across both types of lien waivers that support the supplier or contractor to get their dues recovered through legal steps. So, you need to be smart enough to file a lien waiver before signing a contract with the owner.

If you want to file a lien on a house in the United States, you should take complete information about lien filing from construction attorneys. For betterment, you can contact genuine real estate law firms in the United States. For instance, you may approach “National Lien & Bond”, which is a trusted lien enforcement company in the U.S. The company deals in all sorts of construction and legal affairs and lien filing services. For more details, you can visit the website mechanicslien.com