Conditional waiver and release on progress payment

A conditional progress waiver releases your lien rights for the work covered by a specific progress payment, on the condition that the payment is received. Until the funds clear, your rights are intact.

It is the form to sign when a check is in hand but has not cleared, or when a draw is being processed and payment is imminent.

It does not release retention. Retention remains a claim until a final waiver is signed.

It does not release work you furnish after the waiver date, or change orders not included in the payment amount.

The statutory form identifies the claimant, the project, the owner, the amount of the payment, the payee, the check maker, and the date. Fill those in exactly as they appear on the payment.

Effective September 1, 2022, the form includes a line for the amount of disputed retained funds. If nothing is in dispute, say so. The exceptions line for disputed retainage must not be deleted before that date is behind you.

No notary is required. The signer must have authority to bind the company, and the printed name and title should be legible.

Deliver the signed waiver as part of the draw package and keep a copy with the payment record. An electronic signature with a captured audit trail is defensible and easier to produce later.