Benton County Conditional Waiver and Release of Claim upon Final Payment Form

Benton County Conditional Waiver and Release of Claim upon Final Payment Form
Fill in the blank Conditional Waiver and Release of Claim upon Final Payment form formatted to comply with all Washington recording and content requirements.

Benton County Conditional Waiver and Release of Claim upon Final Payment Guide
Line by line guide explaining every blank on the form.

Benton County Completed Example of the Conditional Waiver and Release of Claim upon Final 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 Washington and Benton County documents included at no extra charge:
Where to Record Your Documents
Benton County Auditor - Recording Dept
Prosser, Washington 99350
Hours: Monday - Friday 8:30 am - 4:30 pm
Phone: (509) 736-2727
Recording Tips for Benton County:
- White-out or correction fluid may cause rejection
- Check that your notary's commission hasn't expired
- Leave recording info boxes blank - the office fills these
- Bring extra funds - fees can vary by document type and page count
- Have the property address and parcel number ready
Cities and Jurisdictions in Benton County
Properties in any of these areas use Benton County forms:
- Benton City
- Kennewick
- Paterson
- Plymouth
- Prosser
- Richland
- West Richland
Hours, fees, requirements, and more for Benton County
How do I get my forms?
Forms are available for immediate download after payment. The Benton 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 Benton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton 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 Benton 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 Benton County?
Recording fees in Benton County vary. Contact the recorder's office at (509) 736-2727 for current fees.
Questions answered? Let's get started!
Contractors who have already recorded a lien against real property may use a conditional waiver and release of claim upon final payment to surrender their reserved lien rights in exchange for, or to encourage, payment on a balance due.
Washington law requires a lien release upon payment and acceptance of the amount due to the lien claimant and upon the demand of the owner or the person making payment. R.C.W. 60.04.071. If a claimant fails to provide a waiver or release when one is due, the owner can pursue legal action to compel deliverance of the release and if the court determines the delay was unjustified, the court can, in addition to ordering the deliverance of the release, award the costs of the action including reasonable attorneys' fees and any damages. Id.
Given in exchange for full or partial payments, mechanic's lien waivers can be useful at various points during the construction/improvement process. Waivers can also lead to confusion, however, and issuing the wrong kind of waiver (or issuing one too early) can cause dire consequences for the mechanic's lien claimant. Washington's statutes do not provide for any required forms of lien waivers, but contractors may issue their own lien releases, generally under R.C.W. 60.04.071.
There are four main types of lien waivers to choose from, depending on the circumstances of the job. These include: (1) Conditional Waiver and Release of Claim of Lien upon Progress Payment, (2) Conditional Waiver and Release of Claim of Lien upon Final Payment, (3) Unconditional Waiver and Release of Claim of Lien upon Progress Payment, and (4) Unconditional Waiver and Release of Claim of Lien upon Final Payment.
A conditional waiver becomes effective when the payment clears the bank. As such, contractors use this kind of waiver while waiting for payment, or if they need confirmation about the payment method (such as a check). Unconditional waivers take effect when delivered to the property owner. If a lien claimant issues an unconditional waiver and the owner fails to pay or the check bounces, the person receiving the waiver may be freed from all or part of the mechanic's lien obligation without the proper payment. In these situations, the only other remedy may be a costly lawsuit.
Regardless of the terms, waivers must at least identify the claimant, the owner or person responsible for payment, payment amount, the relevant dates, and include the claimant's signature.
Contact an attorney with questions about lien waivers or any other issue relating to liens in Washington.
Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the office below.
This Conditional Waiver and Release of Claim upon Final Payment meets all recording requirements specific to Benton County.
Our Promise
The documents you receive here will meet, or exceed, the Benton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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