Conditional Waiver and Release of Claim of Lien Upon Final Payment - South Carolina 2025

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South Carolina lien law provides that when a debt secured by such a lien is fully paid, the creditor, at the expense of the debtor, shall enter on the margin of the registry where the statement is recorded a discharge of his lien or shall execute a release thereof, which may be recorded where the statement is recorded
The interim waiver is frequently submitted with a progress payment and waives a lien or bond claim right up to the date of the waiver or payment. The final waiver is submitted upon receipt of final payment and waives all lien rights on the property.
Interim Claim Waiver means the waiver and release of claims provided to Owner by Contractor, Major Subcontractors and Major Sub-subcontractors in ance with the requirements of Section 7.2C.
Any time a subcontractor or supplier submits a payment application, a lien waiver is usually nearby. A lien release has no specific time frame. They may be necessary during the project or even after its completion. However, they will only come into play after filing a mechanics lien against the property.
Contractors sign a final lien waiver when theyve received payment for services for an entire outstanding balance on a construction project or when an owner pays the entire amount owed for work done on the project. For owners, its an acknowledgment they have cleared their obligations to the general contractor.
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A conditional lien waiver lists the amount owed during the period, and is effective upon actual receipt of payment. An unconditional lien waiver lists the amount already paid through the waivers date and is effective immediately upon signing.
Progress payments state the amount of payment made in exchange for the waiver to date. While final payment waiver will waive all lien rights associated with the project. Both conditional and unconditional lien waivers are allowed, but conditional is viewed as the safer option.

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