Conditional Waiver and Release of The Final Payment

A lien waiver contract gives up the right to place a lien against the given property. It is used as a shield by some parties in 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 the involved parties should carefully examine before creating a final certificate. However, it is a step forward in receipt of the fee.  Different types of waivers are designed to reduce the risk of loss during such transactions - conditional or unconditional. 

In the 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 they cannot get their dues.

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

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

How is it used?

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

A mechanic lien can be used to design legal claims for 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 a given time, the supplier and the contractors can ask for the home's sale at auction to get their dues.

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