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 North Carolina Waiver of Mechanic's or Construction Lien is a legal document used in the construction industry to waive a contractor's right to file a mechanic's lien on a property. It serves as a formal agreement between parties involved in a construction project, ensuring that a contractor or subcontractor is paid for their services and relinquishes their right to place a lien on the property. There are two primary types of North Carolina Waiver of Mechanic's or Construction Lien: 1. Conditional Waiver: This type of waiver is used when a contractor has not yet been paid for their work or services. By signing a conditional waiver, the contractor acknowledges receiving a partial or full payment and agrees to waive their lien rights upon receipt of the payment. However, this waiver is "conditional" because if the payment is not actually received, the contractor can still proceed with filing a mechanic's lien. 2. Unconditional Waiver: An unconditional waiver is typically used when a contractor has received full payment for their work or services. By signing this waiver, the contractor acknowledges the receipt of payment and willingly waives all lien rights on the property. This waiver is permanent and cannot be undone, so it is crucial for contractors to ensure they have been rightfully and fully compensated before signing an unconditional waiver. Both types of waivers protect property owners by preventing potential future disputes or legal complications regarding unpaid services. These waivers also provide contractors with a sense of security, knowing that they will be duly compensated for their work while simultaneously allowing the property owner to maintain a clear title to their property.A North Carolina Waiver of Mechanic's or Construction Lien is a legal document used in the construction industry to waive a contractor's right to file a mechanic's lien on a property. It serves as a formal agreement between parties involved in a construction project, ensuring that a contractor or subcontractor is paid for their services and relinquishes their right to place a lien on the property. There are two primary types of North Carolina Waiver of Mechanic's or Construction Lien: 1. Conditional Waiver: This type of waiver is used when a contractor has not yet been paid for their work or services. By signing a conditional waiver, the contractor acknowledges receiving a partial or full payment and agrees to waive their lien rights upon receipt of the payment. However, this waiver is "conditional" because if the payment is not actually received, the contractor can still proceed with filing a mechanic's lien. 2. Unconditional Waiver: An unconditional waiver is typically used when a contractor has received full payment for their work or services. By signing this waiver, the contractor acknowledges the receipt of payment and willingly waives all lien rights on the property. This waiver is permanent and cannot be undone, so it is crucial for contractors to ensure they have been rightfully and fully compensated before signing an unconditional waiver. Both types of waivers protect property owners by preventing potential future disputes or legal complications regarding unpaid services. These waivers also provide contractors with a sense of security, knowing that they will be duly compensated for their work while simultaneously allowing the property owner to maintain a clear title to their property.
