Lien waiver
Also called: Release of lien, Waiver of lien, Statutory declaration
A signed document in which you give up your right to lien for work you have been paid for. It is routine on larger jobs, where the owner will not release a payment without one from everybody who worked on it. The form it takes differs sharply: some US states prescribe the exact wording and treat anything else as invalid, while Canadian practice more often uses a statutory declaration that you have paid your own people. Signing one that covers work you have not been paid for gives away the remedy for that work, so read which it is.
This one depends on where you work
The rule behind lien waiver is set by the province or state the work is in, and the versions do not agree with one another. We have described the shape of it and deliberately not named a deadline, a cap or a percentage — check the rule where you work, or ask someone who practises there.
Related terms
- LienA claim registered against the property you worked on, which makes it difficult for the owner to sell or refinance until you are paid.
- RetainageA slice of each payment the customer keeps back until the work is finished and any claim period has passed, then releases.
- Progress paymentA payment due partway through a job, tied to a stage of the work rather than to a date.
More in contracts and the law
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