Unconditional Waiver / Release Upon Final Payment – Part 5
Once you’ve successfully collected your final payment it’s time to give your customer an “Unconditional Waiver and Release Upon Final Payment” form (#4 release).
This release form will not include a “release through date” because it’s the final payment – it releases your lien rights, stop payment rights, etc. for the entire project.
If you have suppliers include the same forms from them.
Never issue a #4 release form unless you have been successfully paid in full for the entire project. If you do even though you haven’t been paid and you didn’t allow for the exceptions then the courts wouldn’t side with you because unconditional is unconditional – it’s final.
State Requirements For Waiver / Release Forms
Each state has specific requirements for release forms, although many states do have “like” forms.
A #4 release usually requires at least some of the same information as the #3 such as:
- The claimant’s name
- The customer’s name
- The owner’s name and the location of the project
Chances are it will not require the dollar amount of the payment because it’s the final release on the project. It releases your lien rights unconditionally regardless of the dollar amount of the check (so make sure it’s the right amount).
There might also be a required warning to the issuer that they are giving up their lien rights unconditionally and to use a Conditional (#3) release instead if they haven’t been paid.
Some states allow exceptions in the release forms but when it comes to the final release forms the exceptions can be minimal (or even nonexistent).
One exception that seems to be common with at least some states is an exception that allows for disputed claims for extra work performed/materials provided.
Because of that exception, it is possible that “unconditional” no longer means “unconditional”. Check with an attorney in your state to find out if there are exemptions and what they mean.
Don’t Lose Your Lien Rights
It’s very easy to lose, or at the very least risk, your lien rights. Ideas to help reduce that risk:
- Never issue an Unconditional Final if you haven’t been successfully paid in full
- List any disputed claims that might exist (if allowed)
- Make sure the form meets the state’s requirements
A Couple Tips
– Although the #3 Conditional that you issued may become a #4 Unconditional (upon successful payment) your customer might still require an actual #4 release from you.
– If your customer wants you to do more work after you’ve submitted this form to them chances are you’ll need to treat it as a new job and do everything you had to do originally (e.g. new contract; new preliminary notice; etc.).
After the form is completed, and signed and dated by the claimant, make a copy of it for your job files and send the original to your customer.Links
Include releases from suppliers but make copies for your files first.
I hope that you’ve found this five-part series of articles on lien waiver/release forms to be helpful. Please see the first article in this series for definitions and tips.
|Quick links to the rest of the articles in this series on Lien Waivers & Releases:|
This article is an overview of waiver/release forms and is not legal advice. Please contact an attorney in your state with any questions you might have.
About the Author: Diane Dennis – In 1999, after realizing there were so many contractors who were struggling with the day-to-day of their businesses, Diane Dennis – founder of InformedContractors.com – quit contracting (suspended ceilings) so that she could focus on serving contractors.
She now has four construction-related websites and she is rapidly becoming a top advocate for contractors in the United States.
With close to 20 years of experience in the world of construction contracting Diane continues to provide information that contractors need when they need it. Find out more and claim your free gift here: http://www.InformedContractors.com/free-gift.html.
Leave a Reply
- The Great Debate – QuickBooks Desktop vs. QuickBooks Online
- Business Apps Shouldn’t Be THAT Hard to Use – Free Webinar
- QuickBooks 2015- The Good, Bad and Ugly, Part 1
- “Overstating” the Importance of Cost Reporting-Free Webinar
- QuickBooks 2015 Announced – Important System Requirements
- How do Amazon Merchants Reconcile in QuickBooks? Webinar
- Happy 14th Birthday Sunburst Software Solutions, Inc.
- Simple Controls You Can Put Into Place to Discourage Fraud
- Business Susceptibility to Theft and White Collar Crime – Are You a Target?
- Warning Signs & Red Flags of Fraud – Are Your Employees Stealing From You?
- Is Managing QuickBooks Purchase Orders Driving You Insane?
- Free Webinar-Identify and Safeguard Against Business Fraud
- Technology is Changing How We Submit Certified Payroll Reports
- Ask Me Anything – 10 Common Questions about Certified Payroll
- Are Your QuickBooks Payroll & Certified Payroll Processes Efficient?
- QuickBooks Tip: How to find “Notes” after an Upgrade
- QuickBooks Timely Payroll Alerts, Updates & Issues for 2013 Payroll Tax Returns
- QuickBooks Tip: How to Calculate Over/Under Billings
- Happy Holiday’s to you!
- Employee Reimbursements-Accountable vs Non-Accountable Plans
- Using Account Numbers in Your QuickBooks Chart of Accounts
- Straight from the IRS - Social Security Tax Reduced to 4.2%
- Calculating & Displaying Fringe Benefits on a Certified Payroll Report
- QuickBooks Payroll Tip - Tracking Employee Advances or Loans
- QuickBooks 2013 Upgrade Do's, Don'ts & Frequent Questions
- QuickBooks 2012 - Frequently Asked Questions About Upgrading
- QuickBooks Tip - Job Costing Starts With A Simple Item
- QuickBooks Tip-Handling Employee Reimbursements for Expenses
- QuickBooks Creating a More Meaningful Payroll Expenses Section
- QuickBooks Tip - Determing Cost of Goods Sold
- QuickBooks for Contractors Tip – Advanced Progress Invoicing
- Create a QuickBooks Job Cost Report With Hours & Payroll Costs
- QuickBooks Tip - Child Support Garnishments
- QuickBooks for Contractors Tip – Basics of Progress Invoicing
- QuickBooks Tip-Creating a Functional Payroll Liabilities Section
- QuickBooks Tip: Important Facts About Items Left as Billable
- New FHWA-1391 & 1392 Annual EEO Forms For Highway Contractors
- How To Turn On and Use Manual Payroll in QuickBooks
- QuickBooks 2012 Announced
- Frequently Asked Questions - California Prevailing Wage