Conditional Lien Waiver for Final Payment

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A conditional lien waiver for final payment is a document used in construction to remove a contractor’s ability to file a lien on a property upon receiving their last payment for services completed. Because the form is conditional, the contractor retains their right to file a lien until they have the money in hand. Unlike waivers for progress payments, this form should be used once the contractor has finished all of their work on the construction site.

When to Use

How to Write

Step 1 – Identifying Information

The first section is used to describe the parties and the property where services have been provided.

Step 2 – Conditional Waiver and Release

This section confirms the claimant’s right to file a lien until their payment for services has been received. The following information will need to be entered:

Step 3 – Exceptions (Optional)

If the waiver does not affect anything specifically (such as certain contract rights), the exception(s) should be written on the first line. On the next line, enter the amount ($) of any claims that are under dispute. If there are none, the line can be left blank.

Step 4 – Signature

In order for the lien waiver to be legally binding, it must contain the claimant’s signature. The signature can be written by using eSign or by printing the form and having the claimant sign by hand. The claimant will also need to write the date (mm/dd/yyyy) they signed and their title (if the claimant is a company; e.g., secretary, accountant, attorney).

Step 5 – Notarization

The claimant must have their signature notarized if they completed work on a property located in Mississippi, Texas or Wyoming. The fields in Section 5 should only be completed by a Notary Public. If the Claimant will not get the form notarized, these fields should be left blank.