A lien or right to claim a lien may be waived by agreement. A waiver of a lien should be in writing, and the writing should plainly show that the claimant or potential claimant clearly and knowingly intended to waive the lien or right to a lien.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Mississippi Waiver of Mechanic's or Construction Lien is a legal document used in the construction industry to waive a mechanic's or construction lien rights. This waiver acknowledges that a contractor, subcontractor, or supplier has been fully paid for their services or materials provided for a construction project in Mississippi. By signing this waiver, the party is essentially giving up their right to file a lien against the property to secure payment. There are two main types of Mississippi Waiver of Mechanic's or Construction Lien: 1. Conditional Waiver: This type of waiver is used when the party issuing the waiver has received a partial payment but wants to waive their lien rights only to the extent of the payment received. It ensures that the party is not giving up their right to claim any remaining or future payments. 2. Unconditional Waiver: An unconditional waiver is used when the party issuing the waiver has been paid in full for their work or materials. This waiver confirms that the payment has been received and effectively waives their lien rights entirely. It is important to note that both types of waivers can be further categorized into progress or final waivers, depending on the stage of the construction project. Progress waivers are used to signify partial payments made during various stages of the project, while a final waiver is used when the job is completed, and the final payment has been received. Mississippi's law requires that waivers be in writing and contain specific language to be valid. The waivers must include details such as the project name, the claimant's name and address, the property owner's name and address, the amount being waived, and a clear statement indicating whether it is a conditional or unconditional waiver, as well as whether it is a progress or final waiver. It is important for all parties involved in a construction project in Mississippi to understand the implications of signing a waiver and to ensure their rights are protected. It is recommended to consult with legal counsel or a qualified professional to draft or review the waiver to ensure compliance with Mississippi law and to safeguard one's interests.A Mississippi Waiver of Mechanic's or Construction Lien is a legal document used in the construction industry to waive a mechanic's or construction lien rights. This waiver acknowledges that a contractor, subcontractor, or supplier has been fully paid for their services or materials provided for a construction project in Mississippi. By signing this waiver, the party is essentially giving up their right to file a lien against the property to secure payment. There are two main types of Mississippi Waiver of Mechanic's or Construction Lien: 1. Conditional Waiver: This type of waiver is used when the party issuing the waiver has received a partial payment but wants to waive their lien rights only to the extent of the payment received. It ensures that the party is not giving up their right to claim any remaining or future payments. 2. Unconditional Waiver: An unconditional waiver is used when the party issuing the waiver has been paid in full for their work or materials. This waiver confirms that the payment has been received and effectively waives their lien rights entirely. It is important to note that both types of waivers can be further categorized into progress or final waivers, depending on the stage of the construction project. Progress waivers are used to signify partial payments made during various stages of the project, while a final waiver is used when the job is completed, and the final payment has been received. Mississippi's law requires that waivers be in writing and contain specific language to be valid. The waivers must include details such as the project name, the claimant's name and address, the property owner's name and address, the amount being waived, and a clear statement indicating whether it is a conditional or unconditional waiver, as well as whether it is a progress or final waiver. It is important for all parties involved in a construction project in Mississippi to understand the implications of signing a waiver and to ensure their rights are protected. It is recommended to consult with legal counsel or a qualified professional to draft or review the waiver to ensure compliance with Mississippi law and to safeguard one's interests.
