#4 Unconditional Lien Waiver and Release Upon FINAL Payment form

Unconditional: Not limited by conditions; absolute.

When you have been paid IN FULL on a project and the payment has cleared the issuing bank (the check doesn't bounce and your customer is unable to "stop payment" because it's already cleared his account), that is when you would issue the #4 Unconditional Lien Waiver and Release upon Final Payment form.

Do NOT give an Unconditional Upon Final Release to your customer until you are absolutely certain the payment has cleared and cannot be stopped, and that it is the absolute final amount owing on the project.

The reason for this is because the Unconditional Lien Waiver and Release Upon Final Payment is FINAL; once you give this to your customer you no longer have lien rights on the project.

This release is unconditional meaning nothing will change the fact that you have released those lien rights. If the customer "stops payment" you still will not have lien rights because you released them unconditionally. If the customer's payment bounces, you still will not have lien rights because you have released them unconditionally.

If you're invoicing for the final payment on a project (if retention was held then this would include retention) or your customer asks for a final payment release form from you before he'll pay you, use the #3 Conditional Lien Waiver and Release Upon Final Payment form. Your customer may insist that you give him the #4 Unconditional before he'll cut your payment loose. Don't do it. If you do, and then he decides to not pay you, again you've released all of your lien rights.

When using a #3 Conditional Lien Waiver and Release Upon Final Payment, technically it becomes the #4 Unconditional once the payment has cleared the issuing account. So, be absolutely certain that you have the final amount owing, every last cent, on that #3 form because once you been paid whatever the dollar amount is that you've put on that #3 form, then again you've unconditionally released your lien rights for the project.

Even if you find that you accidentally put the wrong amount on the form, once you've been paid that amount, your lien rights are gone.

If you have questions about this, please contact a construction attorney for California if the job is in California (there's no charge for this), or contact a construction attorney for Wisconsin if the job is in Wisconsin (again there's no charge for this), or click here to contact construction attorneys for other states.

#4 Unconditional Waiver and Release Upon Final Payment form available for purchase!