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Conditional Waiver and Release of Claim upon Progress Payment Form - Spokane County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/7/2020
Conditional Waiver and Release of Claim upon Progress Payment Guide - Spokane County
Line by line guide explaining every blank on the form.
Included document last updated 9/22/2020
Completed Example of the Conditional Waiver and Release of Claim upon Progess Payment Document - Spokane County
Example of a properly completed form for reference.
Included document last updated 9/25/2020
*The Following Washington and Spokane County supplemental forms are included as a courtesy with your order.
Cover Sheets
Use the cover sheet if the first page of the document does not conform to the recording requirements. For emergency non-standard recordings, sign the statement at the bottom of the form. The dual cover sheet is for documents with multiple titles.
Real Estate Excise Tax
Submit this form and real estate excise tax payment, if owed, within 1 month of sale to avoid penalty and interest payments. The form is used to calculate tax amounts; it contains multiple copies and instructions on the last page. When claiming an exemption, the supplemental form must be submitted as well. Instructions to fill in this one-page form are on the last page of the version with multiples.
Excise Tax - Controlling Interest
The transfer of a controlling interest in an entity that has an interest in real property is considered a taxable sale for purposes of the real estate excise tax. This form is often used in corporate transfers of real property. When claiming an exemption, the supplemental form must be submitted as well.
Excise Tax Affidavit - Supplemental Statement
If a tax exemption is claimed, this form must be filed with the Real Estate Excise Tax Form or the Controlling Interest Form.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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.
Get your Spokane County Conditional Waiver and Release of Claim upon 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.
The documents you receive here will meet, or exceed, the Spokane 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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