Saint Marys County Conditional Lien Waiver on Progress Payment Form (Maryland)

The following Maryland and Saint Marys County supplemental forms are included as a courtesy with your order:

When using these Conditional Lien Waiver on Progress Payment forms, the subject real estate must be physically located in Saint Marys County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Saint Marys County include:

• Abell
• Avenue
• Bushwood
• California
• Callaway
• Chaptico
• Charlotte Hall
• Clements
• Coltons Point
• Compton
• Dameron
• Drayden
• Great Mills
• Helen
• Hollywood
• Leonardtown
• Lexington Park
• Loveville
• Mechanicsville
• Morganza
• Park Hall
• Patuxent River
• Piney Point
• Ridge
• Saint Inigoes
• Saint Marys City
• Scotland
• Tall Timbers
• Valley Lee

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.

Our Promise

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

Save Time and Money

Get your Saint Marys County Conditional Lien Waiver on Progress Payment form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4442 Reviews )