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Unconditional Waiver and Release of Claim upon Final Payment Form - Pierce County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/22/2021
Unconditional Waiver and Release of Claim upon Final Payment Guide - Pierce County
Line by line guide explaining every blank on the form.
Included document last updated 10/22/2021
Completed Example of the Unconditional Waiver and Release of Claim upon Final Payment Document - Pierce County
Example of a properly completed form for reference.
Included document last updated 3/4/2021
*The Following Washington and Pierce County supplemental forms are included as a courtesy with your order.
Excise Tax - Change in Controlling Interest Form (Pierce County Document)
Excise Tax Affidavit - Supplemental Statement (Pierce County Document)
Cover Sheet (Pierce County Document)
Certificate of Acknowledgment - Individual (Pierce County Document)
Real Estate Excise Tax Affidavit - single form (Pierce County Document)
Certificate of Acknowledgment - Representative (Pierce County Document)
Real Estate Excise Tax Affidavit - multiples & instructions (Pierce County Document)
Real Estate Excise Tax Affidavit - mobile home (Pierce County Document)
Jurat (Pierce County Document)
Statutory List of Exemptions (Pierce County Document)
Real Estate Excise Tax Affidavit - single location form (Washington Document)
Real Estate Excise Tax Affidavit - multiple locations (Washington Document)
Excise Tax Affidavit - Supplemental Statement (Washington Document)
Excise Tax - Change in Controlling Interest Form (Washington Document)
Statutory List of Exemptions (Washington Document)
Real Estate Excise Tax Affidavit - mobile home (Washington Document)
Certificate of Acknowledgment - Individual (Washington Document)
Certificate of Acknowledgment - Representative (Washington Document)
Jurat (Washington Document)
Including:
Contractors who have already recorded a lien against real property may use an unconditional 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.
Get your Pierce County Unconditional Waiver and Release of Claim upon Final 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 Pierce 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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Review: Simple way to complete documents with very detailed instructions. And to be able to e-file them is great too.
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November 26th, 2021
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November 25th, 2021
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November 24th, 2021
Name: Walter K.
Review: Works ok but could have more specific information. My wife and I both own the Quit Claim property, should we both sign as Grantors?
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November 23rd, 2021
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November 22nd, 2021
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November 22nd, 2021
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