Partial Release of Lien Form

When Should You Use a Lien Waiver?

Most often, this document is used when paying the workers who take part in a project. At the same time, the work can be of any kind. Most often, this way of paying covers the work of subcontractors, material suppliers and others who help create the project.

Lien waivers come in a few kinds, such as conditional and unconditional waivers. This template is a single waiver for one progress payment. Before you decide which kind fits your project, keep these nearby:

• Your contract with the owner or contractor
• The invoice for the work
• Your payment records

Partial release of the lien implies a partial release from the bond, and the decrease in the bond is equal to the amount of remuneration made at this stage of work. Therefore, the creation of this document indicates that the employee will receive another payment (or payments) for this project.

A partial lien release is most often used to reduce the size of bail. That is, partial release of lien does not release from the entire lien, but only from that part of the lien, which is equal to the interim payment for work.

Partial Release of Lien Form Details

General Steps: What to Consider When Creating the Form

Taking a responsible approach to creating a partial release of lien will help you avoid the potential hassles of paying contractors and material suppliers. Among other things, if all documents are created correctly, they can be used in court if the need arises. Below, you will find the necessary steps to follow when creating a partial release of lien form.

• Notify the Contractor. Even before starting to create a partial release of lien form, the contractor must be told to create an invoice. In this case, the invoice must describe in detail for what period and how much work the payment was received. It is also worth indicating in the invoice: information about other payments for this project, the rights and obligations of the holder of the lien, and the payee.
• Make a Partial Payment. Payment must be made through a bank check, and the money must go to the recipient’s bank account first, and only then a partial release from the collateral must be created. If you are paying multiple contractors or subcontractors at once, you can create a joint check to help ensure that everyone involved is paid.
• Download, Fill, Sign. We remind you that the partial release from bail is a mandatory document. You need to download the form, fill it out correctly (you will find step-by-step instructions in the next part of the text), and also sign the document in the presence of a notary public.
• Submit the Document to the County Recorder’s Office. Once you complete and sign the document, you must register it with the County Recorder’s Office.

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Filling Out the Lien Waiver Form

The steps below follow the FormsPal template on this page, in the order the form asks for each entry. To get the best results, we recommend that you use our form-building software. If you have any questions or doubts when filling out the waiver, seek professional legal advice.

The screenshots under each step show the FormsPal Partial Release of Lien template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Enter the date, place, parties, contract and project. At the top of the form, fill in Place and Date, then write the Owner and Contractor names in full. Add the date of the contract, then describe the work site on the Project line, for example with its name and street address.
   
   
   

   

2. Enter the progress Payment Amount. Under the Partial Waiver/Release Upon Progress Payment heading, type the dollar amount of the progress payment in the Payment Amount blank. Read the release wording below it before you go on.
   

   

3. Complete the Contractor signature block. At the bottom, enter the Company name and sign on the By line. Then add the Printed Name, the Title and the date of signing.

   

How to Sign and Keep the Lien Waiver

Please note that the release of liability form must be signed and drawn up in the district where the property is located. For the mechanic’s lien form to come into force, it must be signed in the presence of a notary public.

1. Sign the Document. Sign the document with the notary public present; the document will be considered valid only if you meet this condition.
   
2. Keep a signed copy. Save a copy of the signed document with your payment records, so you can find it quickly later.

Final Checklist for Your Lien Waiver

Before you hand the document over, take a minute to read it from top to bottom. Small mistakes are easy to make, and fixing them later means filling out the form again.

• Check that the Owner and Contractor names match your contract.
• Check that the Payment Amount matches the invoice and the payment you received.
• Check that the Project line points to the right property, with the street address and county if you have them.
• Keep any claim or notice paperwork together with the signed copy.
• Check that the date of the contract and the date of signing are filled in.
• Read the release wording once more, so you know which payment the waiver covers.

Sample Entries for the Template

The table below shows one way to fill in the template with made-up entries. Use it as a guide for the kind of information each line needs. The names, dates and amounts are examples only, so replace them with the details of your own contract and project.

Frequently Asked Questions

What is a partial release of lien form?

It is a document created by the claimant to release part of a lien and confirm the transfer of a partial payment for work done. It is common on long projects where contractors are paid in stages.

Is a lien waiver the same as a lien release?

They are two names for the same document. The details table above also lists Subcontractor Partial Lien Waiver, and many people say lien release.

How long does it take to fill out the form?

The template has 14 fillable fields and takes about 7 minutes on average. Build it online with the form builder, or download the PDF file and type in your entries.

Can I fill in the PDF on my computer?

Yes. Download the PDF from this page, then open it in the PDF editor to type in your entries.

What should I do once the form is signed?

Keep a signed copy with your payment records, and use the general steps above as your checklist.

General information, not legal or tax advice.

Jennifer M. Settles

Author & Attorney

With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.