A lien waiver is a signed document in which a contractor, subcontractor, or supplier gives up — waives — their right to file a mechanic’s lien against a property, usually in exchange for payment. For a general contractor, collecting waivers from your subs is how you prove a job is clear of potential liens for work you’ve already paid for.
Skip them, and you carry real risk: a sub you paid can still file a lien if you can’t show a signed waiver, and you can end up paying twice for the same work.
Why general contractors collect waivers
- Protect the owner and the title. Owners and lenders want proof there are no outstanding lien rights before they release the next draw or close out the job.
- Protect yourself. A clean waiver trail is your evidence that everyone downstream was paid and released their rights.
- Get paid. On many projects you can’t bill the next phase until you’ve submitted waivers for the last one.
The four types
Almost every waiver is one of four combinations — conditional vs. unconditional, crossed with progress vs. final:
- Conditional progress — releases rights for a progress payment, effective only once that payment clears.
- Unconditional progress — releases rights for a progress payment immediately on signing.
- Conditional final — releases all remaining rights, effective when the final payment clears.
- Unconditional final — releases all remaining rights immediately on signing.
Picking the wrong one is the most common — and most expensive — mistake. See conditional vs. unconditional lien waivers for when to use each.
Does your state require a specific form?
About a dozen states mandate a specific statutory waiver form; many others leave the form to the parties. Requirements and deadlines vary, so check your state in the lien waivers by state guide before you rely on a template.
The easy way to handle them
You can generate a waiver for free, or skip the paperwork entirely: ClearLien drafts the right waiver automatically the moment you pay a sub’s bill in QuickBooks.