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.
Rhode Island Waiver of Mechanic's or Construction Lien: A Comprehensive Overview In Rhode Island, a waiver of mechanic's or construction lien is a legal document that releases the claimant's right to file a lien against a property for unpaid labor, services, or supplies provided during the construction or improvement of that property. This waiver is typically requested by the property owner or general contractor to protect themselves from potential lien claims, ensuring smooth project completion and property transfer. There are four different types of Rhode Island waivers of mechanic's or construction lien, categorizing various scenarios in which such waivers may apply: 1. Conditional Waiver and Release on Progress Payment: A conditional waiver and release on progress payment is issued by the claimant when they receive a partial payment for their services but have not yet received full payment. This waiver acknowledges the payment and releases the lien rights only to the extent of the amount paid, preserving the claimant's right to file a lien for any remaining unpaid balance. 2. Unconditional Waiver and Release on Progress Payment: An unconditional waiver and release on progress payment is issued by the claimant when they receive a partial payment, and they do not expect any further payments. This waiver entirely releases the claimant's lien rights for the amount paid, eliminating any future claims related to that payment. 3. Conditional Waiver and Release on Final Payment: A conditional waiver and release on final payment is issued by the claimant when they receive final payment but have not yet received the funds to clear their payment. This waiver acknowledges the payment and releases the lien rights only to the extent of the received amount, while preserving the right to file a lien for any remaining unpaid balance. 4. Unconditional Waiver and Release on Final Payment: An unconditional waiver and release on final payment is issued by the claimant when they receive the final payment and have confirmed its clearance. This waiver completely releases the claimant's lien rights, ensuring that no future claims can be made against the property regarding the payment received. It's essential to note that issuing a waiver of mechanic's or construction lien does not waive claims for unpaid wages under wage and hour laws or other contractual rights beyond the specific services or materials mentioned in the waiver. The claimants should carefully review the terms and conditions of the waiver before signing to avoid unintended consequences. To ensure the validity and enforceability of a Rhode Island waiver of mechanic's or construction lien, it is recommended that the waiver is in writing, signed by the claimant, and explicitly references the state's lien waiver statute (R.I. Gen. Laws § 34-28-4). Working with legal professionals, such as attorneys or construction law experts, can provide invaluable guidance and assistance throughout the process. In conclusion, understanding and leveraging the different types of Rhode Island waivers of mechanic's or construction lien can help property owners, general contractors, and claimants navigate construction projects efficiently, mitigate financial risks, and ensure the timely completion of projects while preserving the rights of all involved parties.
