Conditional Waiver and Release of The Final Payment

A lien waiver contract is used to give up the right to place a lien against the given property.

It is used as a shield by some parties in the field of contractual material works related to commercial buildings or houses for sale that need renovation or other types of assets under construction.

It is a standardized form that should be carefully examined by the involved parties before creating a final certificate. It is a step forward in receipt of fee. 
Different types of waivers are designed to reduce the risk of loss during such transactions - conditional or unconditional. 

In case of conditional - the contractor’s right to place a lien is eliminated but there can be certain situations, where they can place it if are unable to get their dues.

In the case of unconditional, the contractor’s right to place a lien is surrendered and it is effective from the time the agreement is made.

In some situations, the contractor unknowingly accepts it but such a deal can have an impact only in conditions when there is evidence of disbursement to the claimant. 

How it is used?

• It is used in conditions where the supplier or subcontractors are not remunerated directly for their work where they agree to coordinate in a project. 

• A mechanic lien can be used to design legal claims for the unpaid bills. 

• There can be no lien unless the contract is made through an authorized agent. 

If the disbursement is not made or is not figured out in given time duration, the supplier and the contractors can ask for the sale of the home at auction to get their dues.

There can be unconventional methods used in the process where firstly the general contractor gets paid and then the subcontractor or the supplier gets compensated.