North Carolina Lien Waiver Forms — Generate in 60 Seconds

What It Is

Waives lien rights for a progress payment, effective only when the payment is received and clears the bank.

When to Use

When exchanging a waiver for a progress payment you haven't received yet, or before the check has cleared.

Key Legal Points

• No statutory form required — our template uses clear, express waiver language compliant with NC contract law.
• Conditional on actual receipt and clearance of payment.
• G.S. 22B-5 compliance: covers only the specific progress payment amount, not broader project rights.
• Retainage excluded — template explicitly carves out retained amounts.
• Lien agent notice (G.S. 44A-11.2) is separate from the waiver — serving a waiver doesn't satisfy the notice requirement.

Tips

• Serve your lien agent notice before or alongside your waiver to preserve lien rights on unpaid amounts.
• Under G.S. 22B-5, if a GC asks you to waive more than the specific draw amount, that provision is void. Push back.
• Keep a copy of each waiver matched to the corresponding payment for your records.

What It Is

Immediately and irrevocably waives lien rights for the specified progress payment amount upon signing.

When to Use

Only after you've received the progress payment and the check has fully cleared.

Key Legal Points

• Effective immediately — no payment condition. Rights are gone the moment you sign.
• G.S. 22B-5 limits scope to the specific payment received. A GC cannot use this form to sweep broader claims.
• Retainage excluded.
• No statutory form language — our template follows NCLTA conventions and NC contract law.

Tips

• Verify the check has cleared before signing — not just received, but cleared.
• If pressured to sign before payment clears, switch to a conditional form and cite G.S. 22B-5.

What It Is

Waives all remaining lien rights on the project, conditioned on receipt and clearance of the final payment including retainage.

When to Use

When requesting the final payment (including retainage) and you want protection until the money clears.

Key Legal Points

• Covers ALL remaining work, labor, materials, and equipment on the project.
• Conditional on receipt and clearance of final payment.
• G.S. 22B-5 exempts final payment waivers from the progress payment limitations — broader scope is permitted here.
• Should include the full retainage amount owed.
• Lien agent notice should already be on file; verify before executing.

Tips

• Confirm the final payment amount includes all retainage. On public projects, retainage caps at 5% and drops to 0% after 50% completion (G.S. 143-134.1).
• Resolve any disputed change orders before signing — the conditional final covers everything.

What It Is

Complete and permanent release of ALL lien rights on the project. Effective immediately upon signing.

When to Use

Only after ALL payment — including final payment and retainage — has been received and fully cleared.

Key Legal Points

• The most consequential North Carolina waiver form.
• Immediately effective. No safety net.
• Covers all labor, services, equipment, and materials for the entire project.
• G.S. 22B-5 exempts final payment waivers — this form can and should cover all remaining rights.
• No recall or reversal absent fraud or duress.

Tips

• This is the last document in the payment chain. Verify every dollar before signing.
• If any dispute remains, use a conditional final instead and resolve the dispute separately.