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Unconditional lien waiver generator

An unconditional waiver is a receipt. It states that you have been paid, and it releases your claim the moment you sign — whether or not the payment ever arrives. Used correctly it closes out a period cleanly. Used early it is the fastest way a subcontractor loses a claim.

Geometric abstraction of a solid black rectangle with a full-width green band across its base

The one rule

Do not sign until the funds have cleared your account. Not deposited — cleared. An unconditional waiver signed against a check in transit converts a secured claim into an unsecured one, and the remedy afterwards is a breach-of-contract suit rather than a lien against the property.

Generals ask for unconditional waivers because their lender or title company wants one before funding the next draw. That is a real need, and it is usually satisfiable a day later. Offer the conditional version up front and the unconditional one on confirmation. Most schedules absorb the day.

Worked example

What changes between conditional and unconditional
LineWhat it saysWhy it matters
TriggerSignature, not paymentThe release is complete when the pen lifts.
Statement“has been paid”You are asserting a fact. Make sure it is one.
RetentionExcluded on a progress waiverRetainage survives — until the final waiver.
Fix if unpaidBreach of contract onlyThe lien right is already gone.

Common loss

The classic sequence: the sub signs an unconditional waiver on Friday to get the check released on Monday, the general's funding slips, and by the time the money is late enough to fight about, the lien deadline has run on work the waiver already released. Sign second, not first.

Sources

  • Fla. Stat. § 713.20(4)

    Florida publishes a statutory waiver form. The progress-payment version states that it does not cover retention, or labor, services or materials furnished after the date written on it.

    Read 2026-09-04

  • Cal. Civ. Code § 8200

    Before recording a lien, giving a stop payment notice or claiming against a payment bond, a California claimant must give preliminary notice to the owner, the direct contractor and the construction lender. A laborer is exempt.

    Read 2026-09-04