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Unconditional waiver and release on progress payment
Releases lien rights through a specific date the moment the claimant signs.
What this form does
The unconditional progress waiver releases the claimant's lien rights for work through a through-date immediately, regardless of payment status. There is no condition on payment. Use this only after the check has cleared the sub's account.
When to use it
Send this only after the progress payment has been honored by the bank and the funds are in the sub's account. Confirm payment first, then send the form.
In states that prescribe the form, the unconditional version carries a mandatory notice telling the claimant not to sign before being paid. That notice is part of the prescribed text. Never remove it.
Sample wording
Paraphrased for clarity. State-specific statutory text is filled in automatically when you pick the project's state.
The undersigned has been paid and has received a progress payment in the sum of [amount] for labor, services, equipment, or material furnished to [customer] on the job of [owner] located at [project] and does hereby release any mechanic's lien, stop payment notice, or bond right that the undersigned has on the above-referenced job to the following extent.
What the form holds back
- Disputed claims
- Contract retentions
- Extras not yet billed
Questions
Should I send unconditional before payment?
No. The unconditional form releases lien rights immediately on signing. If you ask the sub to sign before the check has cleared, you're asking them to give up their lien rights with no recourse if the payment fails.
What's the bold notice for?
Most state statutes (California §8134, Texas §53.284(c), Arizona §33-1008) require a bold notice telling the claimant not to sign before being paid. The notice is part of the prescribed form. Removing it voids the waiver.
Send the right waiver in two minutes.
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