Conditional Lien Waiver on Progress Payment Form - Avery County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/13/2021
Conditional Lien Waiver on Progress Payment Guide - Avery County
Line by line guide explaining every blank on the form.
Included document last updated 1/6/2021
Completed Example of the Conditional Lien Waiver on Progress Payment Document - Avery County
Example of a properly completed form for reference.
Included document last updated 1/5/2021
*The Following North Carolina and Avery County supplemental forms are included as a courtesy with your order.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
A lien waiver is a document drafted by a potential lien claimant such as a contractor, subcontractor, materials provider, equipment lessor or other party to the construction project (the claimant) that states they have received payment and thereby waive any future lien rights to the owner's property. Simply put, waiving a lien means giving up the right to a future lien in exchange for the payment of the potential lien amount in full or part.
Lien waivers generally fall into two categories: conditional and unconditional. A conditional waiver is effective only upon the triggering of a specific event, such as the payment check clearing. An unconditional waiver is an absolute abandonment of the claimant's right to a future lien whether or not payment is ever made to the possible claimant. North Carolina does not provide for lien waivers by statute, although waivers are still permissible and will be recognized by a state court under the principles of contract law.
The Conditional Waiver upon Progress Payment offers the most protection for lien claimants because it states that if the claimant(s) have actually been paid to date (including no return or stopped payment checks) the waiver serves as effective proof against any lien claim on the property. The lien is "conditioned" on receiving payment and is only waived if the claimant actually receives the payment.
Waivers should identify the parties, location of the job or project, relevant dates, costs, and payments, and any other details as needed.
By filing the form, the lien claimant represents that he or she either has already paid or will use the money he or she receives from this progress payment in order to make prompt payment in full to all his or her laborers, subcontractors, materialmen and suppliers for all work, materials or equipment that are the subject of this waiver and release.
Lien waivers also allow property owners to shield the title to their property from the general contractor, material suppliers, and subcontractors involved with a project. With a lien release upon a progress payment, the property owner moves toward clear title and the ability to obtain financing or sell the property. Proper lien waivers can also protect the property owner from liens filed by the contractor's subcontractors, suppliers and laborers who might record a lien if they are not paid by the contractor.
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of a legal professional. Please contact an attorney with questions about using lien waivers, or for any other issues related to liens in North Carolina.
Get your Avery 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.
The documents you receive here will meet, or exceed, the Avery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
January 22nd, 2021
Name: L B W.
Review: Bottom line - it was certainly worth the $21 (+-?) I paid for the form and instructions, etc. Admittedly the form is a little inflexible in terms of editing for readability but I understand that offering greater flexibility would likely make theft more likely. So I'm happy with what I got. One suggestion - add more info about what's required in the "Source of Title" section.
Reply from Staff on January 22nd, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
January 22nd, 2021
Name: Roger M.
Review: EASY. WORKED WITH PROBLEMS.
Reply from Staff on January 22nd, 2021
Thank you!
January 22nd, 2021
Name: Kevin T.
Review: amazing customer service. thank you deeds.com. I just wish I knew about this company earlier. Kevin
Reply from Staff on January 22nd, 2021
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
January 22nd, 2021
Name: Karen G.
Review: Not difficult at all! Which is great for me...
Reply from Staff on January 22nd, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
January 22nd, 2021
Name: Linda W.
Review: Fast service. From the time I sent my Quit Claim Deed to deeds.com, and six hours later my deed was recorded. It was painless, great convenience.
Reply from Staff on January 22nd, 2021
Thank you!
January 21st, 2021
Name: Leonard N.
Review: Nice and clear. Can't wait to process the completed documents at the Recorder's Office
Reply from Staff on January 21st, 2021
Thank you!
January 21st, 2021
Name: KATHLEEN S.
Review: Excellent service, great feedback and recommendations by the deed preparer, and I really appreciate the personalized service. The website is amazing, everything is well thought out, and all messages are saved, clear and easy to read. I wish my website was so easy to navigate! Seriously, the person who worked on my account is awesome. They made recommendations about what to include and what not to include. They didn't make me feel dumb for asking questions about out-of-state service and filing procedures, and I will be using Deeds.com exclusively on my cases. Five stars !
Reply from Staff on January 21st, 2021
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
January 21st, 2021
Name: Ronald L.
Review: There is not enough room on the form to describe my property which was taken directly from the previous deed. Other than that worked as expected.
Reply from Staff on January 21st, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
January 20th, 2021
Name: Lori F.
Review: That was easy!
Reply from Staff on January 20th, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
January 20th, 2021
Name: Cheryl G.
Review: Everyhing went smoothly
Reply from Staff on January 20th, 2021
Thank you for your feedback. We really appreciate it. Have a great day!