What is the difference between partial and final lien waivers?

A partial (progress) lien waiver releases lien rights only for the period covered by the payment (the 'through date') and does not waive rights for future work. A final lien waiver releases all lien rights for the entire project upon receipt of final payment. Final waivers should only be signed when all work is complete and full payment has been received.

Are there states that require specific lien waiver forms?

Yes. California, Texas, Arizona, Georgia, Nevada, Mississippi, and Wyoming (among others) have enacted statutory lien waiver forms. Using a non-statutory form in these states may render the waiver unenforceable. Always verify whether your state requires a specific form before using this general template.

Can a lien waiver be signed by anyone at the company?

No. A lien waiver should be signed only by a person authorized to waive the company's lien rights — typically an owner, officer, or someone with written authorization. An unauthorized signature may not legally bind the company to the waiver. Always verify signer authority before accepting a lien waiver.

What is retention, and can it be excepted from a lien waiver?

Retention (or retainage) is a percentage of each progress payment withheld by the owner until project completion. Standard retention is typically 5–10% of the contract value. Retention is typically excluded from partial lien waivers — the waiver covers only the amount actually paid, not the withheld retention. Final lien waivers cover the full amount including retention upon final payment.

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⚠️ Legal Disclaimer: This template is attorney-reviewed and built to US legal standards. It does not substitute for professional legal advice. For complex situations, we recommend consulting a licensed attorney.

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State (Project Location)*

Several states require use of statutory lien waiver forms — verify your state's requirements

Waiver Type*

Claimant Name (Contractor / Subcontractor / Supplier)*

Claimant Address*

Property Owner Name*

Property / Project Address*

Job / Work Description*

Through Date*

MM/DD/YYYY

Date through which completed work is covered by this waiver

Payment Amount ($)*

Exception Amount ($) — Conditional Only

Amount of retention or disputed amounts excepted from this waiver, if any

Authorized Signer Name*

Signer Title*

Signature Date*

MM/DD/YYYY

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LIEN WAIVER — [State (Project Location)]

[Waiver Type]

════════════════════════════════════════

CLAIMANT: [Claimant Name (Contractor / Subcontractor / Supplier)]

ADDRESS: [Claimant Address]

PROPERTY OWNER: [Property Owner Name]

PROPERTY ADDRESS: [Property / Project Address]

JOB DESCRIPTION: [Job / Work Description]

THROUGH DATE: [Through Date]

PAYMENT AMOUNT: $[Payment Amount ($)]

WAIVER AND RELEASE

This waiver and release does not cover any retention withheld; extras or changes for which claimant has not received payment; disputed claims; or items not included in the above-described payment.

SIGNATURE

By signing below, the claimant acknowledges the above waiver and release.

_______________________________________

[Authorized Signer Name]

Title: [Signer Title]

On behalf of: [Claimant Name (Contractor / Subcontractor / Supplier)]

Date: [Signature Date]

NOTE: Several states (CA, TX, AZ, GA, NV, and others) require use of statutory lien waiver forms. Verify your state's requirements before using this document.

Document Completeness0%

State (Project Location)*

Several states require use of statutory lien waiver forms — verify your state's requirements

Waiver Type*

Claimant Name (Contractor / Subcontractor / Supplier)*

Claimant Address*

Property Owner Name*

Property / Project Address*

Job / Work Description*

Through Date*

MM/DD/YYYY

Date through which completed work is covered by this waiver

Payment Amount ($)*

Exception Amount ($) — Conditional Only

Amount of retention or disputed amounts excepted from this waiver, if any

Authorized Signer Name*

Signer Title*

Signature Date*

MM/DD/YYYY

What Is a Lien Waiver?

A lien waiver is a legal document by which a contractor, subcontractor, material supplier, or other party waives their right to file a mechanic's lien against a property in exchange for payment. Mechanic's liens (also called construction liens or materialman's liens) protect contractors and suppliers by allowing them to encumber a property if they are not paid for work or materials. There are four standard types of lien waivers: conditional partial (waiving lien rights for partial payment, effective only upon receipt of funds), unconditional partial (waiving rights for partial payment, effective immediately upon signing), conditional final (waiving all lien rights upon receipt of final payment), and unconditional final (waiving all lien rights immediately, regardless of whether payment is received).

When Do You Need It?

A lien waiver should be used whenever a contractor, subcontractor, or material supplier receives payment for work performed or materials supplied on a construction project. Property owners and general contractors typically require a signed lien waiver before issuing payment to ensure the property is protected from future liens. Conditional waivers are preferred by payees (the lien rights are waived only if the check clears), while unconditional waivers are preferred by payers (immediate protection regardless of payment status).

What's Included in This Template

State of governing law
Waiver type selection (all four standard types)
Claimant name and address
Property owner name
Property address
Job/project description
Through date (period covered by waiver)
Payment amount
Exception amount (for conditional waivers)
Signer name, title, and signature date

How to Fill It Out

Select State and Waiver Type — Select the state where the project is located — many states (California, Texas, Arizona) have statutory lien waiver forms that must be used. Choose the waiver type: conditional partial (most common for progress payments), unconditional partial, conditional final, or unconditional final. If your state has a prescribed form, use that form instead of this general template.

Enter Claimant and Property Information — Enter the claimant's full legal name (the contractor, subcontractor, or supplier waiving lien rights) and address. Enter the property owner's name and the full property address where the work was performed.

Describe the Job and Enter Payment Amounts — Provide a description of the work or materials covered by this waiver. Enter the 'through date' (the date through which this waiver covers completed work). Enter the payment amount being received. For conditional waivers, the exception amount is typically left blank or set to zero.

Enter Signer Information and Sign — Enter the name and title of the authorized signer. Enter the date the waiver is signed. The signer must be authorized to waive lien rights on behalf of the claimant (typically an owner, officer, or project manager). Some states require notarization.

Legal Requirements & Notes

Lien waiver laws vary significantly by state. California (Civil Code §§ 8132–8138), Texas (Property Code §§ 53.281–53.285), Arizona (A.R.S. § 33-1008), Georgia, Nevada, and several other states have enacted statutory lien waiver forms that MUST be used — non-statutory forms may not be legally effective in those states. Some states require notarization. Conditional waivers are effective only upon the claimant's actual receipt of payment in collected funds; unconditional waivers are effective immediately upon signing regardless of payment status. Signing an unconditional waiver before receiving payment can permanently waive lien rights. Claimants should never sign an unconditional waiver until payment has been received and has cleared. Consult a construction attorney for state-specific requirements.

Frequently Asked Questions

A conditional lien waiver becomes effective only upon the actual receipt of payment — if the check bounces, the lien rights are restored. An unconditional lien waiver is effective immediately upon signing, regardless of whether payment is actually received. Contractors should always prefer conditional waivers; property owners and general contractors prefer unconditional waivers. Never sign an unconditional waiver before payment has cleared.

Free Lien Waiver — Fill Out & Download Instantly

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WAIVER AND RELEASE

SIGNATURE

What Is a Lien Waiver?

When Do You Need It?

What's Included in This Template

How to Fill It Out

Legal Requirements & Notes

Frequently Asked Questions

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