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Lien Lawaka: unconditional releaseaka: unconditional waiver and release

Unconditional Lien Waiver

In Plain English

A lien waiver that immediately cancels your right to file a lien, whether or not you've actually been paid.

Definition

An unconditional lien waiver is a lien waiver that takes effect immediately upon signing, regardless of whether payment has actually been received. Because signing an unconditional waiver releases lien rights even if the accompanying check bounces or payment is never made, contractors and suppliers should sign unconditional waivers only after confirming good funds. Many states provide statutory forms for conditional and unconditional waivers that parties must use.

Example

A GC mistakenly signs an unconditional final lien waiver before the wire transfer arrives and later discovers the owner's payment never cleared—its lien rights are gone.

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