How are liens waived, released and satisfied?
The terms waiver and release, when used in connection with construction claims, have been used interchangeably. Technically speaking, a waiver is the giving away of a future right. A release is the giving away of an accrued right. A satisfaction of lien is the term that is generally used to denominate the giving away of an asserted claim after a claim has been recorded. During the past decade, statutory forms have been added to the laws governing private and public construction projects. Although the law permits a lienor to utilize a different form of their own choosing, it prohibits anyone from forcing a lienor to use a different form. These provisions were enacted in order to protect lienors from waiving rights other than lien and bond rights and to help curtail the widespread use of complex forms that require review by attorneys on a case-by-case basis. The statutes provide separate waiver forms to be used for progress payments and for final payments, for bonded projects and for non
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