My Account Deeds.com Real Estate Deeds

Maryland Unconditional Lien Waiver on Final Payment

Unconditional Waiver and Release of Lien on Final 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.

Use the final unconditional waiver when a full and final payment is made and collectability of the due amount is not an issue. Only grant an unconditional waiver when payment is made through a verified method. The waiver is effective up to the full amount due and the claimant waives any lien rights without condition.

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 Unconditional Lien Waiver on Final Payment Forms Have Been Updated as Recently as Thursday November 12, 2020

4.8 out of 5 (2107 Reviews)

What others like you are saying:


MARIO D S. said: Well worth the $20.00 for the Transfer on Death Deed, if you are willing to do the leg work to notarize and record the deed. Money well spent and money well saved. The value is in the short, bullet type instructions and State specific forms and requirements.

Reply from Staff: Thank you!


Susan M. said: I was able to download a lot of forms that I need, will be going back to day to search for records so I can fill in the blanks. A great website for forms - It was easy to find what I needed and download! Thanks!!!

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


Thomas V. said: Easy to use. Accomplished my goal

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


Heidi G. said: I have not yet actually completed the entire process. However, the preliminary documents, ability to try them and ease of filling them out is pretty nice, so far.

Reply from Staff: Thank you!


Dawn M. said: So helpful and quick! The response time and kindness was amazing! The steps were easy to follow as well. We will definitely be using Deeds.com in the future!

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


Carole M. said: So far it seems easy and hopefully be acceptable to Hillsborough Co

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


Maryland Unconditional Lien Waiver on Final Payment Form