Lien Waiver
A signed document where a contractor (or sub or supplier) gives up their right to file a mechanic's lien on the property — usually in exchange for payment.
A lien waiver is what a property owner or GC collects to make sure the contractor they just paid can't come back and file a mechanic's lien for that same work. There are four common types:
Conditional Partial — waives lien rights up to the amount paid, conditional on the check clearing.
Unconditional Partial — waives lien rights up to the amount paid, period. Sign only after the money has actually landed.
Conditional Final — waives all lien rights through the final payment, conditional on the check clearing.
Unconditional Final — waives all lien rights through the final payment, period. The riskiest to sign without verifying payment first.
The form is usually a single page. Rules vary by state — California, Texas, and Florida have specific statutory forms you have to match.
Examples in the field
- A GC pays a sub the second-month draw and collects a Conditional Partial waiver matching that amount.
- A homeowner makes final payment to the GC and requires Unconditional Final waivers from the GC plus every sub and major supplier before handing over the check.
Related
- Mechanic's Lien — A legal claim a contractor can file against a property when they haven't been paid for work or materials provided to that property.
- Retainage — A percentage of each progress payment (typically 5-10%) that the owner or GC withholds until the job is fully complete and accepted.
- Draw Schedule — A pre-agreed payment schedule for a construction project, tied to milestones or percentage of completion.
- Compare contractor CRMs — FieldKrew against Jobber, Housecall Pro and ServiceTitan
- Preliminary Notice (NTO / 20-day notice) — A notice the contractor or supplier sends early in a job, preserving the right to later file a mechanic's lien if they aren't paid.