Unconditional Waiver and Release of Claim of Lien Upon Final Payment - South Carolina 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by filling in the 'Prepared by, recording requested by and return to' section. Enter your name, company, address, city, state, zip code, phone number, fax number, and UPI number.
  3. In the main body of the form, indicate the date of signing and the final payment amount. This is crucial as it confirms the transaction for which you are waiving your lien rights.
  4. Fill in the details regarding the labor, services, or materials provided. Specify the completion date and customer’s name associated with the job.
  5. Provide a description of the property where work was performed. Ensure this information is accurate to avoid any legal complications.
  6. Sign and print your name as the lien holder. If required, have a witness or notary public sign to validate your waiver.

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The difference between a conditional lien waiver and an unconditional lien waiver comes down to when payment is received and what rights you give up as a result. One protects your ability to file a lien until funds clear. The other confirms youve already been paid and immediately waives that right.
There are four main types of lien waivers: conditional lien waivers on progress payment, unconditional lien waivers on progress payment, conditional lien waivers on final payment and unconditional lien waivers on final payment.
An unconditional lien waiver is used after payment has been made. By signing, the party gives up the right to file a lien for the stated amount and timeframe. These waivers confirm that payment has been received and that it applies to a specific scope of work.
Identify the type of lien waiver. Provide project information. Identify the parties involved. Specify the payment amount. Add the date and signature. Retain a copy. Mass apply them to bills/POs.
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.

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South Carolina does not provide or require statutory forms for lien waivers. South Carolina requires payment to be made first, and that the lien waiver should be in writing. Both conditional and unconditional lien waivers are allowed, as long as the payment associated with the waiver has been met.

lien release form