My Account Deeds.com Real Estate Deeds

Maryland Conditional Lien Waiver on Progress Payment

Conditional Waiver and Release of Lien on Progress Payment

In Maryland, mechanic's liens are governed under Chapter 9 of the Maryland Real Property Code. 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. Maryland does not use statutory forms for waivers; according to the principles of contract law, the parties may agree to such modifications in writing. Maryland law, however, specifically prohibits any waiver requirement in a contract. Md. Real Prop. Code sections 9-113.

Typically, waivers come in four varieties: unconditional after a progress payment, unconditional after the final payment, conditional after a progress payment, and conditional after the final payment. Unconditional means the waiver is granted immediately, while conditional waivers depend on the property owner meeting specific requirements (conditions), such as the payment clearing the bank, before the waiver takes effect. So, unconditional waivers benefit the owner, and conditional waivers tend to favor the claimant. The payment distinctions are based on the amount due on the project, so progress payment refers to money paid on account, and final payment waivers are used once the balance is paid in full.

A valid lien waiver identifies the parties, the location of the project, relevant dates and payments, and any other information necessary for the specific transaction. After signing the form, the claimant records it with the local agency responsible for maintaining land records.

Partial waivers are used to waive a lien for up to the partial or progress payment amount. A conditional waiver means the waiver is conditioned upon the claimant receiving the amount due. Use the partial conditional waiver when the owner makes less than the full or final payment and the payment method does not guarantee receipt of the money (such as a check that hasn't cleared yet).

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 Maryland construction law attorney with questions about waivers or anything else about mechanic's liens.

Deeds.com Maryland Conditional Lien Waiver on Progress Payment Forms Have Been Updated as Recently as Thursday February 28, 2019

4.7 out of 5 (362 Reviews)

What others like you are saying:


Martha B. said: Not too hard to do, I did get it checked out by an attorney after I completed it just to be safe. He said it was fine, made no changes.

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


Peter W. said: Thanks worked out great

Reply from Staff: Thank you for the follow up Peter. Have a great day!


Teresa H. said: I loved that there was a sample with the downloads. It made it much easier to fill out the document correctly.

Reply from Staff: Thank you Teresa, have a great day!


Robert S. said: Were unable to help me because of the recorders office but credited my account promptly

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Michael C. said: I would appreciate being able to increase the size of the blocks such as the Grantor block and the legal description block where information is enter on the form and to adjust the font. Otherwise great product,

Reply from Staff: Thank you for your feedback Michael. We do wish we could make that an option. Unfortunately, adhering to formatting requirements (specifically margin requirements) leaves a finite amount of space available on the page.


Susan C. said: easy to use to get copy of documents. given your website by recorder in the country offices.

Reply from Staff: Thank you Susan, we appreciate your feedback.


Maryland Conditional Lien Waiver on Progress Payment Form