Unconditional lien waiver form
An unconditional lien waiver says you've been paid and gives up your lien rights for that payment, with no conditions. It takes effect the moment it's signed, so it belongs after the money has cleared, never before. This template covers progress and final payments in states that let the parties choose the wording. Read it below, then open it in SignMaster and send it.
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
Unconditional Lien Waiver and Release
WARNING TO THE CLAIMANT: This waiver gives up your lien, stop payment notice and payment bond rights for the payment below without any condition, and states that you have been paid. It can be enforced against you once you sign it, even if you have not actually been paid. If you have not received the payment in funds you can use, do not sign this waiver; sign a conditional waiver instead.
1. Parties and property
- Claimant (giving this waiver): Claimant name
- Customer (who hired the Claimant): Customer name
- Property owner: Owner name
- Project and property address: Job location
2. Payment received
The Claimant confirms that it has received, in funds it can use, a payment of Amount paid from Paid by on or about Payment date.
3. Type of waiver
The Claimant ticks one:
- Progress: this waiver covers labor, services, equipment and materials the Claimant furnished to the job through Through date, and nothing furnished after that date.
- Final: this waiver covers everything the Claimant furnished or will furnish to the job, and the payment above is the final payment owed to the Claimant, except for the exceptions in section 5.
4. Unconditional waiver and release
For the work described in section 3, the Claimant unconditionally waives and releases any mechanics' lien, stop payment notice and payment bond rights it has on the job, to the extent of the payment in section 2. This waiver is effective when signed and does not depend on any later event.
5. Exceptions
This waiver does not cover the following, and the Claimant keeps its rights to them: retainage not yet paid, extras or change order work not yet paid, and disputed claims. Specific exceptions, with amounts: Exceptions with amounts.
If the final box is ticked and no exceptions are written above, the Claimant confirms it has been paid in full for all work on the job.
6. Claimant's statements
The Claimant states that it has paid, or will pay promptly from the payment received, its laborers, subcontractors and suppliers for the work covered by this waiver. The Claimant has not assigned its right to this payment to anyone else. The person signing confirms they are the Claimant or are authorized to sign for it.
7. Effect on other rights
This waiver releases only the rights described in section 4. It does not release the Claimant's contract claims for amounts excepted in section 5, and it does not change either party's warranty obligations or other duties under their contract. The Customer, the Owner and their lender or title company may rely on it.
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 Invoice or pay application number: Invoice number
I confirm the Claimant has received the payment in section 2 in funds it can use, and I understand this waiver takes effect when I sign it.
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. Where state law sets the wording (Arizona, California, Georgia, Michigan, Nevada, Texas and others), use the statutory form instead.
On this page
When an unconditional waiver is the right form
The usual order is a conditional waiver with the pay application, the payment, then an unconditional waiver once the funds are in your account. The payer asks for the unconditional one because it's clean: no question about whether a check bounced, and nothing for a title company to chase at closing.
At the end of a job, the unconditional final waiver is often the last document a general contractor or owner collects before releasing retainage or closing a construction loan. If that last payment hasn't arrived yet, the conditional lien waiver form is the one to send.
What's on the form
- A warning at the top telling the claimant, in plain words, not to sign until they've been paid.
- The parties and job: claimant, customer, owner, and the project name and address.
- Progress or final: a progress waiver releases rights through a date; a final waiver releases the whole job.
- The amount received: the payment the claimant confirms they've already been paid.
- Exceptions: retainage, unpaid extras and disputed amounts the claimant still claims, written in before signing.
- The claimant's statement that they'll pay their own workers and suppliers for the covered work.
Where claimants get hurt
- Signing in exchange for a check. Hand over an unconditional waiver for a check you haven't deposited, and if it bounces, the waiver still stands. Trade a conditional waiver for the check instead.
- A final unconditional waiver with retainage outstanding. Unless the retainage is listed as an exception, the release can cover it.
- A through date later than the work paid for. If you were paid through the 31st, don't sign a waiver through the 15th of the next month.
- Using one form across state lines. A job in a state with a statutory waiver needs that state's wording; the state table shows which ones.
Paid means cleared
A payment that's promised, mailed, or deposited but still pending isn't received. Wait for funds you can use before you sign. If a payer insists on an unconditional waiver up front, ask for a wire or a cashier's check, or sign the conditional version.
Sending unconditional waivers from SignMaster
- 1
Save the form as a template
Choose Use this template above. It's saved in your account with one signer, the claimant, and blanks for the payer to fill in.
- 2
Fill in the paid amount
Enter the job, the owner, progress or final, the through date and the amount actually paid. For a final waiver, double-check the retainage line before sending.
- 3
Send it after the payment clears
The claimant gets an email link, writes in any exceptions, adds their title and signs on their phone. You get the signed PDF and its certificate of completion for the project file.
Once a monthly draw has cleared for every trade, swap the conditional waivers for unconditional ones in one go: bulk send from the same spreadsheet you used for the draw, with each sub's name and email plus columns like Amount paid and Through date. Closeout packages work the same way with the final box ticked.
Questions? Answers.
What's the difference between a conditional and an unconditional lien waiver?
A conditional waiver takes effect only when the payment is received. An unconditional waiver takes effect when it's signed, paid or not. Sign the conditional one while waiting for money and the unconditional one after it clears.
Can I take back an unconditional waiver if the check bounces?
Usually not easily, which is the whole risk. Some states have narrow exceptions, but you may have to sue for the money instead of using your lien rights. Talk to a construction attorney quickly if it happens.
Who signs an unconditional lien waiver?
The claimant, meaning the contractor, sub or supplier who was paid, or someone authorized to sign for the company. The payer collects it and keeps it with the payment record.
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