Durham County Conditional Lien Waiver on Progress Payment Form

Durham County Conditional Lien Waiver on Progress Payment Form
Fill in the blank Conditional Lien Waiver on Progress Payment form formatted to comply with all North Carolina recording and content requirements.

Durham County Conditional Lien Waiver on Progress Payment Guide
Line by line guide explaining every blank on the form.

Durham County Completed Example of the Conditional Lien Waiver on Progress Payment Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional North Carolina and Durham County documents included at no extra charge:
Where to Record Your Documents
Durham County Register of Deeds
Durham, North Carolina 27701
Hours: 8:30 to 5:00 M-F / Recording until 4:45
Phone: (919) 560-0480
Recording Tips for Durham County:
- Ensure all signatures are in blue or black ink
- Verify all names are spelled correctly before recording
- Check that your notary's commission hasn't expired
- Make copies of your documents before recording - keep originals safe
- Verify the recording date if timing is critical for your transaction
Cities and Jurisdictions in Durham County
Properties in any of these areas use Durham County forms:
- Bahama
- Durham
- Research Triangle Park
- Rougemont
Hours, fees, requirements, and more for Durham County
How do I get my forms?
Forms are available for immediate download after payment. The Durham County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Durham County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Durham County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Durham County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Durham County?
Recording fees in Durham County vary. Contact the recorder's office at (919) 560-0480 for current fees.
Questions answered? Let's get started!
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.
Important: Your property must be located in Durham County to use these forms. Documents should be recorded at the office below.
This Conditional Lien Waiver on Progress Payment meets all recording requirements specific to Durham County.
Our Promise
The documents you receive here will meet, or exceed, the Durham 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 Durham 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.
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