Waivers and Releases in Construction Contracts: Drafting Strategies | Practical Law

Waivers and Releases in Construction Contracts: Drafting Strategies | Practical Law

A Practice Note addressing the typical requirement that contractors and subcontractors provide mechanic's lien and claim waivers and releases as part of the payment process on a construction project. Often these releases are not precisely drafted, and disputes arise over whether claims have been waived. This Note provides guidance to all construction project participants for drafting unambiguous waiver and release forms and using these documents to ensure that they are enforced as intended if disputes arise.

Waivers and Releases in Construction Contracts: Drafting Strategies

Practical Law Practice Note w-001-0219 (Approx. 16 pages)

Waivers and Releases in Construction Contracts: Drafting Strategies

by William J. Tinsley, Jr., Esq., Phelps Dunbar LLP, with Practical Law Real Estate
MaintainedUSA (National/Federal)
A Practice Note addressing the typical requirement that contractors and subcontractors provide mechanic's lien and claim waivers and releases as part of the payment process on a construction project. Often these releases are not precisely drafted, and disputes arise over whether claims have been waived. This Note provides guidance to all construction project participants for drafting unambiguous waiver and release forms and using these documents to ensure that they are enforced as intended if disputes arise.