Conditional lien waiver form
A conditional lien waiver releases a contractor's, sub's or supplier's lien rights for a specific payment, but only once that payment actually arrives. It's the waiver to sign when the check hasn't been cut yet. This template covers progress and final payments in states with no required form. Read it below, then open it in SignMaster and send it with the pay application.
Updated November 5, 2026 · 3 min read
The contract
Gray blanks are yours to fill in before you send. Each signer fills in the blanks in their color.
- You, before sending
- Claimant
Conditional Lien Waiver and Release
NOTICE: This document waives lien rights only on the condition that the Claimant has received the payment described below. It is not effective until that payment is actually received in funds the Claimant can use.
1. Parties and property
- Claimant (the person or company giving this waiver): Claimant name
- Customer (the person or company that hired the Claimant): Customer name
- Owner of the property: Owner name
- Project name and property address: Job location
2. Type of waiver
This waiver is (tick one):
- A progress waiver, covering labor, services, equipment and materials furnished to the job through Through date (the "Through Date").
- A final waiver, covering all labor, services, equipment and materials the Claimant has furnished or will furnish to the job.
3. The payment
This waiver is conditioned on the Claimant's receipt of a payment of Payment amount from Payment maker, payable to the Claimant, by Payment method. If payment is made by check, it is received only when the check has been paid by the bank it is drawn on.
4. Conditional waiver and release
When, and only when, the Claimant receives the payment in section 3, the Claimant waives and releases any mechanics' lien, stop payment notice and payment bond rights it has on the job for the work covered by this waiver, to the extent of the payment, except for the exceptions in section 5. If the payment is not received, is dishonored, or is later reversed, this waiver has no effect.
For a progress waiver, this release covers only work through the Through Date and does not cover work furnished after it. For a final waiver, it covers the Claimant's whole contract on the job, except as listed in section 5.
5. Exceptions
This waiver does not cover the following, which the Claimant keeps all rights to: retainage held back from this or earlier payments; extras or change order work for which the Claimant has not been paid; disputed claims; and these amounts or items: Exceptions. Unpaid amount of disputed claims, if any: Disputed claims amount.
6. Effect on other rights
This waiver releases only the lien, stop payment notice and payment bond rights described in section 4. It does not release the Claimant's right to be paid under its contract for amounts not covered by the payment, and it does not change either party's warranty or other contract obligations. Once the payment is received, the Customer, the Owner and their lender or title company may rely on this waiver, and the Claimant will confirm receipt in writing on request.
7. Claimant's statements
The Claimant states that, once the payment is received, it will pay its own laborers, subcontractors and suppliers for the work covered by this waiver, to the extent of their claims for that work. The person signing confirms they are the Claimant or are authorized to sign this waiver for the Claimant.
8. Signature
This waiver may be signed electronically, and an electronic signature has the same effect as an original. Signer's title: Signer title Claimant phone: Claimant phone Claimant email: Claimant email
Requested by: Requested by Pay application or invoice number: Pay application number
I understand this waiver takes effect only when the payment in section 3 is received, and only for the amount and work it describes.
Claimant
Opens it in SignMaster as a template you can edit and send.
A starting point, not legal advice. Have a lawyer review it for your state and situation. For states that don't prescribe a lien waiver form. Arizona, California, Georgia, Michigan, Nevada, Texas and some other states require their own statutory wording; use that form there.
On this page
How a conditional waiver works
Owners, lenders and general contractors want proof that paying you clears the property of your lien rights for that amount. You don't want to give up those rights before the money is in your account. The conditional waiver solves both: it's signed now, handed over with the invoice or pay application, and takes effect only when the payment clears.
Once the funds are yours, the payer will usually ask for the unconditional version for the same amount. For the full background on the four waiver types, read what is a lien waiver.
What the form includes
- Claimant, customer and owner: who's giving up rights, who hired them, and who owns the property.
- Job location: the property address and project name, exactly as on the contract.
- Progress or final: a progress waiver covers work through a date; a final waiver covers the whole job.
- Payment amount and maker: the amount the waiver is conditioned on, and who's paying it.
- Through date: the last day of work the payment covers, for progress waivers.
- Exceptions: retainage still held, unpaid change orders, extras and disputed claims, which stay protected.
- The condition: the release takes effect only when the claimant has actually received the payment in good funds.
Mistakes that cost claimants their lien rights
- Using the conditional amount for the contract total. The waiver should match the payment you're receiving now.
- Leaving the through date blank on a progress waiver. A blank date can be read as covering everything to the day you signed.
- Forgetting the exceptions. Retainage and a pending change order are exactly what a final waiver would sign away.
- Signing a final waiver before the last payment is settled. Use a progress waiver until every amount is agreed.
Check the job's state first
The state table in our lien waiver guide lists the states that write the waiver wording into statute, with each citation and what happens to a waiver that strays from it. Check it before you send this form to a job across a state line.
Collecting conditional waivers in SignMaster
- 1
Save the form
Choose Use this template above. It's saved in your account with one signer, the claimant. Whoever sends it fills in the gray blanks.
- 2
Paying a sub? Fill in the payment
As the general contractor, fill in the job, the owner, the amount, the through date and progress or final, then send it to the sub before the check goes out.
- 3
Being paid? Send your own
As the sub or supplier, send the waiver with your pay application and sign it yourself as the claimant, so the payer has it before their payment run.
- 4
The claimant completes their part
The claimant confirms their company name, lists any exceptions, adds their title and signs from any phone. The payer gets the signed PDF with its certificate of completion.
A waiver from every sub on the monthly draw
A general contractor's monthly draw can need a dozen waivers at once. Put one row per sub in a spreadsheet, with each sub's name and email plus columns like Payment amount and Through date, and bulk send this template: each sub gets their own waiver with their own numbers, and the batch shows who has signed before the lender's deadline.
Questions? Answers.
When should I sign a conditional lien waiver?
When you're asking for a payment that hasn't arrived yet, usually with an invoice or pay application. It releases your lien rights for that amount only once you've been paid.
Does a conditional waiver need to be notarized?
Not in most states, and the statutes in California and Texas, for example, ask for the claimant's signature rather than a notary. A lender, title company or contract can still require one, so check before you send.
Is an e-signed lien waiver valid?
Generally, yes. The ESIGN Act and state UETA laws say a signature can't be denied effect just because it's electronic, and the waiver statutes we checked ask for a signature, not ink. Georgia's forms also call for a witness.
Sources
- California Civil Code § 8124, when a lien waiver is effective (§§ 8132–8138 hold the forms) · leginfo.legislature.ca.gov
- Texas Property Code §§ 53.281–53.284, lien waiver and release forms · statutes.capitol.texas.gov
- Florida Statutes § 713.20, waiver or release of liens · leg.state.fl.us