Conditional Lien Waiver on Progress Payment Form - Duplin County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 2/7/2019
Conditional Lien Waiver on Progress Payment Guide - Duplin County
Line by line guide explaining every blank on the form.
Included document last updated 2/6/2019
Completed Example of the Conditional Lien Waiver on Progress Payment Document - Duplin County
Example of a properly completed form for reference.
Included document last updated 2/5/2019
*The Following North Carolina and Duplin 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.
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February 16th, 2019
Name: Susan K.
Review: Very helpful; information included on the form explanations about Colorado laws in regards to beneficiary deeds helped us understand the issues involved.
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February 16th, 2019
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February 16th, 2019
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February 16th, 2019
Name: Lindsay B.
Review: The form was easy to fill out. The only problem I had was on the Notary page I live in a different state than the property and I couldn't change the name of the state or county where the notary had to sign.
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February 16th, 2019
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February 15th, 2019
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February 14th, 2019
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February 14th, 2019
Name: Barry N.
Review: The form was straight forward and very easy to complete. It took me less than 15 minutes to complete. Make sure you have the "current deed' available' when completing the form.
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February 14th, 2019
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Review: Thank you it was hard for me to pull these documents online you been a big help since I am in a different state, quick and awesome.
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February 14th, 2019
Name: Nancy J.
Review: Forms were not to hard to fill out, Will go to Douglas County Oregon Recorders office in a few weeks and hope I filled them out correctly.
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