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.
Deeds.com Washington Conditional Waiver and Release of Claim upon Progress Payment Forms Have Been Updated as Recently as Wednesday November 13, 2019
What others like you are saying:
CINDY P. said: Such any easy process! Thank you!
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Thomas D. said: The site is fine with one exception. About half the pdf files I downloaded were corrupted. I could not open them or view their contents. Fortunately, the link continued to work, so after I discovered this, I downloaded the corrupted files again, and they now seem fine. I do not know if my computer or the website caused this odd problem.
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Judith G. said: Thank you, it was easy and fast. The clerks office filed without question.
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Steven C. said: Easy but a little overpriced
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Dave S. said: Easy to use and get forms I needed. Corporate need for an invoice/receipt could be a bit easier - have to print screen to get any info.
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Linda R. said: I was happy to have my payment cancelled when no information was found. And I was given a link to contact the deed office directly.
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