Cumberland County Conditional Lien Waiver on Final Payment Form

Additional Maine and Cumberland County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Cumberland County

Properties in any of these areas use Cumberland County forms:

• Bailey Island
• Bridgton
• Brunswick
• Bustins Island
• Cape Elizabeth
• Casco
• Chebeague Island
• Cliff Island
• Cumberland Center
• Cumberland Foreside
• East Baldwin
• Falmouth
• Freeport
• Gorham
• Gray
• Harpswell
• Harrison
• Long Island
• Naples
• New Gloucester
• North Bridgton
• North Yarmouth
• Orrs Island
• Peaks Island
• Portland
• Pownal
• Raymond
• Scarborough
• Sebago
• South Casco
• South Freeport
• South Portland
• South Windham
• Standish
• Steep Falls
• West Baldwin
• Westbrook
• Windham
• Yarmouth

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Mechanic's liens are governed under Title 10, Chapter 603 of the Maine Code. A waiver is a forfeiture or "giving up" of 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. The Maine Code does not set out statutory forms for waivers, but according to the principles of contract law, the parties may agree to such modifications in writing.

In general, there are four types of waivers: conditional or unconditional, and referring to a partial or final payment. Conditional waivers become effective when the payment is confirmed (paid) by the bank, and offer more protection for the contractor. Unconditional waivers go into effect immediately, regardless of whether or not the payment is confirmed, and offer more protection for the property owner. Partial, or progress payments relate to specific time frames or completed steps in the project. Final payment waivers apply when the responsible party pays the entire balance due.

A final conditional waiver should be used when the full and final payment is made, but doubts remain about the payment method. For instance, if there are any concerns a final check won't clear the bank, opt for a conditional waiver. The waiver is only effective upon the payment going through within a specified number of days.

Lien waivers identify the parties, the location of the project, relevant dates, and amounts paid. Record the signed, notarized waiver in the local recording office, and deliver a certified copy of the recorded document to the property owner.

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 a Maine attorney with any questions about waiving lien rights or anything else with regard to mechanic's liens.

Important: Your property must be located in Cumberland County to use these forms. Documents should be recorded at the office below.

This Conditional Lien Waiver on Final Payment meets all recording requirements specific to Cumberland County.

Our Promise

The documents you receive here will meet, or exceed, the Cumberland County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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