Unconditional Waiver and Release upon Progress Payment
(Mechanic's Lien) (NV)

Summary

This template of an unconditional waiver and release upon progress payment may be used by a potential mechanic's lien claimant in Nevada to waive and release its lien rights upon its receipt of a progress payment for work performed on a construction project. This template contains practical guidance and drafting notes. Nevada uses statutorily prescribed forms of waiver and release upon payment. These mandatory forms are found in Nev. Rev. Stat. Ann § 108.2457(5). This template mirrors the form found in the statute. Nevada law places strict limits on the use of mechanic's lien waivers. Thus, no waivers in Nevada are actually unconditional because all are conditioned on the lien claimant receiving payment in exchange for the release. Pursuant to Nev. Rev. Stat. Ann § 108.2457(2), no lien waiver is effective unless: (1) it is written and in the statutory form and (2) the claimant actually received payment (and then only to the extent of the payment received). For further guidance, see Mechanics' Liens (NV) and Mechanic's Lien Resource Kit (NV). For additional lien waiver templates, see Conditional Waiver and Release Upon Progress Payment (Mechanic’s Lien) (NV), Conditional Waiver and Release Upon Final Payment (Mechanic's Lien) (NV), and Unconditional Waiver and Release upon Final Payment (Mechanic’s Lien) (NV). For a full listing of key content covering mechanic’s liens, see Mechanic's Lien Resource Kit.