Just paying the contractor does not release you from the lien. The contractor must sign the lien waiver or lien release form so that he waives off any and all rights and claims on the project he constructed or work he has done. This is generally the last stage of the construction contract. It is important to draft the release form precisely, to avoid any litigations and confusions later. Use the following as a foundation for your release forms.
The most important factor is mentioning all parties involved while drafting this release. If you pay the construction contractor, that does not guarantee that the subcontractor will not lay a claim on the work. So it is important to get the contractor, sub-contractor, professionals, consultants, etc. to sign the release form so that they waive all rights to the work done.
Write whether it is a conditional release or unconditional release. Mention all the terms and conditions very explicitly and clearly. If you wish to waive some rights rather than all rights then mention it clearly. If the release is for accessing construction sites then write about the responsibilities of the individual or the group who wants to access the site.
After mentioning the involved parties, the second most important part is the nature of work or project is done. It is good to describe in detail the construction project or the work done by the contractor. This also tells what work the contractor or other parties cannot lay claim to. Mention that parties cannot lay lien claim on even the materials used and equipment delivered.
Not many contractors and subcontractors mention what claims they wish to retain. If not mentioned they are forfeiting even valid claims like those of intellectual property rights over the design of the construction, etc. If there is not enough space to mention all the claims you wish to reserve then attach a schedule at the end of the waiver form and mention all claims in that. Just add a line in the waiver that all claims mentioned in the attached schedule are retained.
Make sure you have the release form signed and stamped. Seal of authorities or registered firms adds authenticity to the documents. In some jurisdictions you may need affidavits and notarization. When the construction project is huge or is of significantly high value, witnesses to the release may be asked to sign the release form. Mention the date of signing the release.
Modeled in a formal way, this free pdf template is for general construction contractor purposes. This construction release form template when signed by the contractors, on receipt of final payment, waives their rights against the mentioned project. A witness to this release of rights is required to sign on the waiver too. This is one of the simplest general drafts available.
You get two templates in this single draft. One for the final release of construction lien rights, given on basis of the complete payment, and the other is the partial release of construction lien rights based on partial payments. There is a third separate template for construction contracts waiver of liens and a separate section at the end for the legal description of the project.
This PDF document can be used directly by the user in relation to construction works without much changes. It has blank spaces to fill the details about the contractor as well as the owner. The entire content is very generalist in nature and one needs to just print the document, fill the blanks, and get it notarized. This construction company template is a model form that one should emulate.
An editable MS Word document as this makes it easy to model your own construction release form. This free construction report template has provided grey boxes to fill out the contractor details. You may also change the content of the draft to suit your convenience. This one-page template can be used for any construction project work’s release of liens and claims.
What better deal than to get a model residential construction order contract template plus a waiver and release form. There are two forms – conditional release upon progress payment and conditional release upon final payment, in Exhibit C1 and C2. These have been modeled specifically for the homeowners and builders. Exhibit D provides notice to customers regarding original lien release documents with the builder/contractor.
You get not just one, but four forms catering to various possibilities with this labor agreement template. You may provide a conditional or unconditional waiver on part payment and conditional or unconditional waiver on final payment. Exceptions where rights are reserved are specifically mentioned. A conditional waiver should be used by the subcontractor if they have not been paid, and unconditional ones when they are paid.
An official government draft of lien release is a good option for developing your form. This pdf labour contract template can be downloaded for free and features provisions of notarizing the lien release form. It specifically asks the court to cancel and discharge the construction lien, which makes the construction release form’s authority final.
There are two separate forms available in this document for avoiding any claims from the subcontractor or his subordinates. One is for the subcontractor to waive and release of liability his claims to the construction work he did or the materials he provided. The other is a final affidavit by the subcontractor which specifies that he has cleared all his outstanding dues to his subordinates and waived all the claims on the work. The second form has a notarization provision.
Drafted in a simple letter format, this printable liability waiver form template clubs all the necessary information in a single form. It says that the subcontractor received full payment, waived all rights, cleared all dues to his subordinates, and has released the owner from any or all claims of payment. A witness is not needed as you can notarize the document. It is small yet all-inclusive draft.
You need permission when you visit a construction site, if you are not authorized personnel. This docx format and fully editable construction site access liability release form, releases and discharges the construction site owner and personnel from any responsibility, if any harm comes to you. This sample construction order form needs to be signed by the person requesting access.
It is not just the contractor, but also the subcontractor, sub-subcontractor and suppliers from whom you may need to collect lien waivers. In such a scenario you may use one of the four construction templates provided. There are separate forms for partial and final releases of contractors and subcontractors/suppliers. This bundle of drafts is free to download.