Orange California Waiver of Lien refers to a legal document commonly used in construction and real estate transactions in Orange County, California. It is a voluntary agreement between parties involved in a project, typically between the contractor or subcontractor and the property owner, to release their rights to a lien. A waiver of lien is filed to ensure that the property owner is protected from potential claims or liens against their property due to unpaid bills or disputes. By signing the waiver, the contractor or subcontractor acknowledges receipt of payment and relinquishes their right to file a future lien against the property for the specific amount mentioned in the document. There are three types of Orange California Waiver of Lien, each serving a different purpose: 1. Conditional Waiver and Release upon Progress Payment: This type of waiver is used when the contractor or subcontractor has received a partial payment for work completed or materials delivered but has not received the full payment yet. It states that upon receiving the specified partial payment, the claimant waives their right to file a lien for that specific amount. 2. Unconditional Waiver and Release upon Progress Payment: This waiver is similar to the conditional waiver, but it does not depend on the receipt of payment. It acts as a receipt, indicating that the contractor or subcontractor has received full or partial payment for the work done. By signing this waives their right to file a lien for the amount mentioned, regardless of the payment status. 3. Conditional Waiver and Release upon Final Payment: This type of waiver is used when the contractor or subcontractor has completed the entire project and is waiting for the final payment. It states that upon receipt of the final payment, the claimant waives their right to file a lien for the full amount owed. It is important to note that waivers of lien must be properly executed, signed, and notarized to be valid and enforceable. Furthermore, it is recommended that both the payer and the claimant consult with legal professionals to ensure compliance with California construction laws and to protect their rights and interests. Overall, Orange California Waiver of Lien is an essential document that contributes to the smooth and transparent functioning of construction and real estate transactions in Orange County, California. It helps promote fair payment practices, minimizes disputes, and provides legal protection to both parties involved.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.