Mecklenburg North Carolina Conditional Waiver and Release of Lien Upon Final Payment

State:
North Carolina
County:
Mecklenburg
Control #:
NC-12-09
Format:
Word; 
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Description

This Conditional Waiver and Release of Lien Upon Final Payment form is for use by a lienor, in consideration of final payment to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a certain date to a customer on the job of an owner of property. This Conditional Waiver and Release of Lien Upon Final Payment is conditioned upon the lienor receiving collected funds for the work described, and if such funds are not received within a specific number of days of the date of this waiver, this Conditional Waiver and Release of Lien is void.


The Mecklenburg North Carolina Conditional Waiver and Release of Lien Upon Final Payment is a legal document commonly used in construction projects to protect the rights and interests of subcontractors, suppliers, and laborers. This conditional waiver acts as a proof of payment, stating that the parties involved have been compensated fully for their services or materials and are thus releasing any claims they might have had against the property or project. Keywords: Mecklenburg North Carolina, Conditional Waiver and Release of Lien, Final Payment, Construction, Subcontractor, Supplier, Laborer, Proof of Payment, Compensation, Claims, Property, Project. There are different types of Mecklenburg North Carolina Conditional Waiver and Release of Lien Upon Final Payment: 1. Conditional Waiver and Release of Lien Upon Final Payment — General: This type of waiver is used when the parties involved have received final payment and are waiving their right to place a lien on the property. It is essential for all project participants to ensure they receive this waiver before making final payment. 2. Conditional Waiver and Release of Lien Upon Final Payment — Unconditional: This type of waiver is similar to the general waiver but does not include any conditions. It is used when the parties are absolutely certain that they have received the final payment and are releasing all claims unconditionally. 3. Conditional Waiver and Release of Lien Upon Final Payment — Progress Payment: This type of waiver is utilized when there have been multiple progress payments throughout the project, and the subcontractor, supplier, or laborer wants to acknowledge receiving the final payment for a specific phase or stage of work. 4. Conditional Waiver and Release of Lien Upon Final Payment — Joint Contractor Affidavit of Payment: This type of waiver is employed when multiple contractors are involved in a project and need to provide a collective affirmation of payment received. Regardless of the type, the Mecklenburg North Carolina Conditional Waiver and Release of Lien Upon Final Payment is a critical document that ensures all parties involved in a construction project are duly compensated and protects the property from potential liens. It is recommended to consult a qualified legal professional to ensure all necessary waivers are properly executed to maximize protection and minimize complications.

The Mecklenburg North Carolina Conditional Waiver and Release of Lien Upon Final Payment is a legal document commonly used in construction projects to protect the rights and interests of subcontractors, suppliers, and laborers. This conditional waiver acts as a proof of payment, stating that the parties involved have been compensated fully for their services or materials and are thus releasing any claims they might have had against the property or project. Keywords: Mecklenburg North Carolina, Conditional Waiver and Release of Lien, Final Payment, Construction, Subcontractor, Supplier, Laborer, Proof of Payment, Compensation, Claims, Property, Project. There are different types of Mecklenburg North Carolina Conditional Waiver and Release of Lien Upon Final Payment: 1. Conditional Waiver and Release of Lien Upon Final Payment — General: This type of waiver is used when the parties involved have received final payment and are waiving their right to place a lien on the property. It is essential for all project participants to ensure they receive this waiver before making final payment. 2. Conditional Waiver and Release of Lien Upon Final Payment — Unconditional: This type of waiver is similar to the general waiver but does not include any conditions. It is used when the parties are absolutely certain that they have received the final payment and are releasing all claims unconditionally. 3. Conditional Waiver and Release of Lien Upon Final Payment — Progress Payment: This type of waiver is utilized when there have been multiple progress payments throughout the project, and the subcontractor, supplier, or laborer wants to acknowledge receiving the final payment for a specific phase or stage of work. 4. Conditional Waiver and Release of Lien Upon Final Payment — Joint Contractor Affidavit of Payment: This type of waiver is employed when multiple contractors are involved in a project and need to provide a collective affirmation of payment received. Regardless of the type, the Mecklenburg North Carolina Conditional Waiver and Release of Lien Upon Final Payment is a critical document that ensures all parties involved in a construction project are duly compensated and protects the property from potential liens. It is recommended to consult a qualified legal professional to ensure all necessary waivers are properly executed to maximize protection and minimize complications.

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FAQ

In North Carolina, a mechanics lien must be filed after the debt becomes due, but within 120 days from the date of last furnishing labor or materials to the project.

As far as lien waivers, the vast majority of states don't require notarization. However, Texas is one of those states that require notarized lien waivers.

Lien Release: After a lien has been filed, the California claimant can release or cancel the lien by filing a Mechanics Lien Release form with the county recorder's office where the lien was originally recorded.

As mentioned, lien agents keep owners in the loop on who is working on their projects. Subcontractors and material suppliers who are further down the construction totem pole now have a clear understanding of whom to send a preliminary notice to.

When: A claim of lien on property must be filed within 120 days of a contractor's last date of Last Furnishing. Claims of Liens on Property must also be served on the Owner and any other parties up the contractual chain within this 120-day timeframe.

Once an unconditional lien waiver is signed, it is fully effective and enforceable. While using an unconditional lien waiver will certainly protect your property, it won't guarantee that the signor actually receives payment, since unconditional waivers are typically enforceable even if signor never gets paid.

Lien waivers act as a receipt for funds for the receiving party. They specify that the party waives their right to file a mechanics lien. As a result, they protect the property owner from lien claims on their property.

This right to enforce a judgment is a property right owned by the creditor. The NC law clearly gives the creditor a 10 year period to enforce his lien and the statutes, N.C.G.S. § 1-234, and § 1-23 appear to extend the time period when execution is restrained.

No, North Carolina does not require or provide statutory forms for lien waivers. Because the form and content of lien waivers aren't regulated under North Carolina Mechanics Lien laws, careful attention should be given to the actual terms of the waiver to ensure you're not waiving more than intended.

In North Carolina, N.C. Gen. Stat. § 44A, et seq. allows companies and individuals who have contracted to improve real property to file a claim of lien on that real property in order to secure payment for money owed.

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The Authority from the State of North Carolina after payment of debt service on the State Appropriation. 1 authorizes publication of Executive Orders of the Governor in the Session Laws of North Carolina.This publication is printed on permanent, acid-free paper in compliance with the North Carolina General Statutes. Printed in the United States of America.

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Mecklenburg North Carolina Conditional Waiver and Release of Lien Upon Final Payment