Lien waivers are used to facilitate payment between contractors, subcontractors, customers, and property owners. A waiver is a known relinquishment of a right. In this case, the person granting the waiver is relinquishing the right to seek a mechanic's lien for all or part of the amount due.
In general, there are two types of waivers: partial and final. A partial waiver is used when a progress or partial payment is made and money is still due and owing. The waiver applies only to the partial payment amount and is conditioned upon the actual receipt of that money. A final waiver releases all rights immediately. Be cautious about using the correct form of waiver, as partial waivers provide more protection to the lien claimant, while final waivers offer more protection for the customer or property owner.
The waiver must include details identifying the parties, the location of the project, relevant details from the original agreement such as work requested, costs and changes, important dates, payments, and any exclusions or agreements. The person waiving the lien gives a sworn statement in front of a notary, signs the form, and then records it in the property records for the county where the property is located.
Best practices dictate that claimants should only use the final waiver after the customer makes the final payment, meaning nothing is left due and owing after this payment. When issuing a final waiver, verify that the funds actually go through (meaning the check has cleared).
This article is provided for information purposes only and should not be relied upon as a substitute for the advice from a legal professional. Please speak with an attorney with questions about using a lien waiver or any other issues related to liens in Missouri.
Deeds.com Missouri Final Lien Waiver Forms Have Been Updated as Recently as Thursday March 21, 2019
What others like you are saying:
James J. said: The form itself was very good and easy to use. The only problem I had was the Sample they provided. Using a different name in every spot doesnt help determine what goes where. Using "Theodore Rockafeller" as Lien Claimant in one spot and Jebediah Finklestein in another then Harvey Johnson in the last spot is confusing if you really need a helpful sample.
Reply from Staff: Thank you for your feedback James. We will have staff review the completed example to see if we can make it more helpful. Have a great day!
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Myrna P. said: Easy to download, form very user friendly, and its customized to our county. Very much worth the money.
Reply from Staff: Thank you Myrna. Have a fantastic day!
Marion Paul W. said: Quick service .Easy download.I ordered Quit Claim and should have ordered warranty deed. I will make it work
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irene a. said: good forms thanks, irene
Reply from Staff: Thank you Irene.
Glenella J. said: I wish you had the older deeds online to look at. Other than that, I was very satisfied with my experience.
Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!
Select County or Independent City where the property is located.