Washington Conditional Waiver and Release of Claim upon Progress Payment

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About the Washington Conditional Waiver and Release of Claim upon Progress Payment

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Contractors who have already recorded a lien against real property may use a conditional waiver and release of claim upon progress payment to surrender a portion of 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.

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

What Others Like You Are Saying

— John D.

"I was quite impressed by the quality of your documents and the ease of the download."

— Jeannine W.

"prompt, efficient service."

— Pamela J.

"The form was short, and explainable.. so that is my feed back on that...but we have not received any…"

— Jose D.

"A little difficult in the beginning but with the messaging back and forth it was very simple and fas…"

— Santos V.

"Great and easy to understand."

Common Uses for Conditional Waiver and Release of Claim upon Progress Payment

File a final lien waiver after project completion and payment
Provide notice of intent to file a lien for unpaid work
Notify a property owner of unpaid construction debts
Document partial payment received on a construction project
Establish a legal claim against property for unpaid labor
Protect a contractor's right to payment for work performed
Provide required pre-lien notice before filing a claim

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Important: County-Specific Forms

Our conditional waiver and release of claim upon progress payment forms are specifically formatted for each county in Washington.

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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