Unconditional lien waiver

An unconditional waiver is the stronger promise, which is why owners and lenders prefer it. For you, that’s the risk: once it’s signed, it works even if the check bounces or the payment never comes.

Sign one only after the payment has cleared your bank, not when a check is in the mail or a transfer is pending. If a client needs a waiver to release payment, offer a conditional waiver instead and swap it for an unconditional one once the money arrives.

Check the amount and the dates. An unconditional progress waiver should cover only the payment you received and work through a stated date. An unconditional final waiver ends your lien rights on the job, so sign it only when everything, including retainage and approved change orders, has been paid.

In states with statutory forms, such as California and Texas, the unconditional form usually carries a warning about signing before you’re paid. Take that warning seriously. If a waiver includes language releasing all claims, including unpaid extras, have it reviewed before you sign.