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 Mexico Waiver of Mechanic's or Construction Lien is a legal document that waives certain rights to file a lien against a property for unpaid work or materials provided by a contractor, subcontractor, or supplier in a construction project. This waiver ensures that the contractor or their designated party will not file a lien to claim their payment. There are four types of New Mexico Waiver of Mechanic's or Construction Lien, each serving a different purpose: 1. Partial Unconditional Waiver: This type of waiver is used when a contractor or supplier has received a partial payment for the work or materials provided. It waives the right to file a lien for the amount received but preserves the right to file a lien for any remaining unpaid balance. 2. Partial Conditional Waiver: Similar to the Partial Unconditional Waiver, this waiver is used when a partial payment has been made. However, it is conditional upon the actual receipt and clearance of the payment, ensuring the contractor or supplier will only waive their lien rights if the payment is successfully processed. 3. Final Unconditional Waiver: This waiver is executed when the contractor or supplier has received full payment for all work performed or materials provided. It permanently waives the right to file a lien for the specific project and signifies the completion of the payment transaction. 4. Final Conditional Waiver: Similar to the Final Unconditional Waiver, this waiver is used when the contractor or supplier has received full payment for the project. However, it is conditional upon the payment clearance, ensuring that the contractor or supplier will only waive their lien rights when the payment has cleared. When drafting a New Mexico Waiver of Mechanic's or Construction Lien, it is crucial to include specific details such as the property address, project description, parties involved, payment amounts, and dates. The waiver must be signed by authorized representatives of the contractor or supplier, indicating their understanding and agreement to waive their lien rights. It is important to note that a waiver is a legally binding document, and contractors, subcontractors, or suppliers should carefully review its terms and consult legal professionals if necessary to ensure their rights are protected. Using the appropriate type of waiver and providing accurate information will help facilitate smooth payment transactions and avoid any potential disputes or delays.A New Mexico Waiver of Mechanic's or Construction Lien is a legal document that waives certain rights to file a lien against a property for unpaid work or materials provided by a contractor, subcontractor, or supplier in a construction project. This waiver ensures that the contractor or their designated party will not file a lien to claim their payment. There are four types of New Mexico Waiver of Mechanic's or Construction Lien, each serving a different purpose: 1. Partial Unconditional Waiver: This type of waiver is used when a contractor or supplier has received a partial payment for the work or materials provided. It waives the right to file a lien for the amount received but preserves the right to file a lien for any remaining unpaid balance. 2. Partial Conditional Waiver: Similar to the Partial Unconditional Waiver, this waiver is used when a partial payment has been made. However, it is conditional upon the actual receipt and clearance of the payment, ensuring the contractor or supplier will only waive their lien rights if the payment is successfully processed. 3. Final Unconditional Waiver: This waiver is executed when the contractor or supplier has received full payment for all work performed or materials provided. It permanently waives the right to file a lien for the specific project and signifies the completion of the payment transaction. 4. Final Conditional Waiver: Similar to the Final Unconditional Waiver, this waiver is used when the contractor or supplier has received full payment for the project. However, it is conditional upon the payment clearance, ensuring that the contractor or supplier will only waive their lien rights when the payment has cleared. When drafting a New Mexico Waiver of Mechanic's or Construction Lien, it is crucial to include specific details such as the property address, project description, parties involved, payment amounts, and dates. The waiver must be signed by authorized representatives of the contractor or supplier, indicating their understanding and agreement to waive their lien rights. It is important to note that a waiver is a legally binding document, and contractors, subcontractors, or suppliers should carefully review its terms and consult legal professionals if necessary to ensure their rights are protected. Using the appropriate type of waiver and providing accurate information will help facilitate smooth payment transactions and avoid any potential disputes or delays.
