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 New Jersey Waiver of Mechanic's or Construction Lien is a legal document used in the state of New Jersey to waive the right to file a mechanic's or construction lien on a property. This waiver is typically signed by a contractor, subcontractor, or supplier of materials who has provided services or materials for a construction project. By signing the waiver, the party acknowledges that they have received payment for their work or materials and forfeits their right to file a lien against the property for any unpaid amounts. It is important for both the property owner and the contractor to understand the different types of waivers available in New Jersey, as they vary depending on the stage of construction and the specific circumstances. 1. Conditional Waiver and Release on Progress Payment: This type of waiver is used when a contractor or subcontractor receives a progress payment for work completed or materials provided. It confirms that the payment has been received but only covers the specific payment mentioned in the waiver and does not waive the right to file a lien for any future payments. 2. Unconditional Waiver and Release on Progress Payment: This waiver is similar to the conditional waiver mentioned above, but it waives the right to file a lien for both the specific payment mentioned in the waiver and any future payments relating to the work or materials covered in that specific waiver. 3. Conditional Waiver and Release on Final Payment: When the construction project is complete, this waiver is used to confirm that a final payment has been received and acknowledges that the contractor or subcontractor has been fully compensated. It does not waive the right to file a lien for any potential claims arising out of the project after the final payment. 4. Unconditional Waiver and Release on Final Payment: This type of waiver is similar to the conditional waiver mentioned above, but it waives the right to file a lien for any potential claims arising out of the project after the final payment. It is essential to note that signing a waiver should not be taken lightly, and parties involved should carefully consider the implications. In New Jersey, waivers are typically enforceable, and it is crucial to ensure that the payment has been received in full before signing any waiver. Consulting with an attorney experienced in construction law can provide valuable guidance to ensure the waiver accurately represents the agreement between the parties and protects their respective rights.
