My Account Deeds.com Real Estate Deeds

Alabama Unconditional Lien Waiver on Progress Payment

Alabama Unconditional Waiver and Release of Lien on Progress Payment

Alabama mechanic's liens are governed under Chapter 11 of the Alabama Property Code (Section 11). Throughout the construction process, potential claimants may elect to serve the property owner with a lien waiver in exchange for partial or full payment.

The term "waiver" refers to giving up a legal right. In this case, the person granting the waiver is giving up the right to seek a mechanic's lien for all or part of the amount due. This assurance is usually enough to get the other party to pay. In Alabama, there are no statutory forms for waivers, although according to the principles of contract law, the parties may agree to such modifications in writing.

Waivers generally come in four varieties: conditional or unconditional, and partial or final. A conditional waiver means the waiver is conditioned upon the claimant receiving the amount due, while unconditional waivers are effective regardless if payment is actually made. Partial waivers are used to waive a portion of lien rights for up to the partial or progress payment amount, and final waivers release all lien rights based on a customer's full payment.

Use a partial unconditional waiver when the owner makes less than the full or final payment and the contractor is not worried about confirming the payment method. Be sure to note any exceptions to which the waiver will not apply. An unconditional waiver is effective when signed and given to the property owner, and waives a portion of the lien amount representing the partial payment made. Note that if accepting a payment via check, a conditional waiver makes more sense if there are doubts about whether the check will clear the bank.

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice from an attorney. Please contact an attorney with questions about waivers or anything else related mechanic's liens in Alabama.

Deeds.com Alabama Unconditional Lien Waiver on Progress Payment Forms Have Been Updated as Recently as Tuesday March 5, 2019

4.7 out of 5 (375 Reviews)

What others like you are saying:


jack b. said: good form, reasonable fee

Reply from Staff: Thank you Jack. We really appreciate you taking the time to leave your feedback. Have a great day!


Maryel T. said: Good site, had the information I needed. Quicker than I expected. Thanks.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Robert B. said: Found this sight on the internet looking for information to add my fiance' to the house deed. Looks like the right place to be. Looking forward to getting the forms I need.

Reply from Staff: Thank you!


Jim J. said: The forms were easy to use and the fields are tabbed so that you can enter your information and then move quickly to the next entry. The Guide for the documents was very helpful.

Reply from Staff: Thanks Jim, we appreciate your feedback.


Tommy P. said: This was simple! Thank you!

Reply from Staff: Thank you!


Rex M. said: fulfilled all NC requirements

Reply from Staff: Thank you!


Alabama Unconditional Lien Waiver on Progress Payment Form