Ohio's mechanic's lien law does not provide for a statutory lien waiver form, but Ohio courts recognize elective lien waivers under principles of contract law. The waivers identify the claimant, the party responsible for paying, the project, relevant dates, and the amount paid. Sign the completed waiver in front of a notary, then record it in the land records of the county where the project is located.

In general, a lien waiver is used to release an owner's property from a lien claim, either in full or in part, and either conditional, meaning the payment must clear the bank prior to waiving lien rights, or unconditional, meaning that the claimant waives the lien immediately, regardless of whether or not the payment clears the bank.

For instance, if the customer owes $5,000.00 on a construction job and remits a partial payment of $2,500.00, the payor may request a waiver that states he or she has paid that amount and in turn the claimant will give up the right to a lien for $2,500.00 of the total amount. If the check has not yet cleared the bank, use a conditional waiver that is only effective upon actual receipt of payment. If the payment is confirmed, use the unconditional waiver form.

Claimants should exercise extreme caution when using an unconditional waiver. Do not be intimidated by a demand for an unconditional waiver if there is any question about the payment. This is a common trick in the construction industry with devastating consequences, and may lead to forfeiting lien rights without ever being paid. If a claimant waives lien rights too early, the only remedy might be a time-consuming and expensive lawsuit.

Each case is unique, and the lien law is complicated, so contact an attorney familiar with Ohio mechanic's liens with specific questions or for complex situations.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Unconditional Lien Waiver

Document a change order that affects the scope of a project
File a lien for unpaid construction or renovation work
Document consent of the property owner for improvements
Protect subcontractor payment rights on a building project
Protect a supplier's right to payment for delivered materials
Document a lien waiver upon receipt of progress payment

Compare other Ohio deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Limited Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Mineral Deed Mineral Deed with Quitclaim Covenants Ohio Limited Power of Attorney for Real Property General Durable Power of Attorney Mortgage Instrument and Promissory Note Assignment of Mortgage Release and Satisfaction of Mortgage Partial Release of Mortgage Satisfaction of Assignment of Leases and Rents Land Contract Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Survivorship Deed Affidavit of Survivorship Transfer on Death Designation Affidavit Affidavit of Confirmation Trustee Deed Fiduciary Deed Notice of Commencement Notice of Furnishing Affidavit for Mechanic Lien Conditional Lien Waiver Disclaimer of Interest Memorandum of Trust Lis Pendens Lis Pendens Discharge

Common Uses for Unconditional Lien Waiver

Document a change order that affects the scope of a project
File a lien for unpaid construction or renovation work
Document consent of the property owner for improvements
Protect subcontractor payment rights on a building project
Protect a supplier's right to payment for delivered materials
Document a lien waiver upon receipt of progress payment

Compare other Ohio deed forms and documents

Important: County-Specific Forms

Our unconditional lien waiver forms are specifically formatted for each county in Ohio.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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