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Delaware's lien waiver law.

Delaware

Lien waiver
Form
4 lien waivers
Law
25 Del. C. § 2706
Signing
No notary
Delaware has no statutory form, so waivers.construction fills in its own: a conditional or an unconditional waiver, from your job and your check.
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waivers.construction read Delaware's lien statute on November 13, 2026.

What Delaware's lien law says about a waiver.

Delaware voids an agreement that waives the right to file or enforce a lien, and allows a requirement for a written waiver signed and delivered with or after payment.

Any contract, any agreement or understanding whereby the right to file or enforce any lien created under this chapter is waived, shall be void as against public policy and wholly unenforceable. This section shall not preclude a requirement for a written waiver of the right to file a mechanics’ lien executed and delivered … simultaneously with or after payment for the labor performed or the materials supplied has been made …
25 Del. C. § 2706(b)

4 lien waivers for your Delaware job.

A conditional and an unconditional waiver, each for a progress payment and for a final payment.

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

Fill in and sign this form
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT. Identifying Information Name of Claimant:________ Name of Customer:________ Job Location:________ Owner:________ Through Date:________ Conditional Waiver and Release This document waives and releases lien and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document does not waive or release rights for labor or service provided, or equipment or material delivered, after the Through Date. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn: Maker of Check:________ Amount of Check: $________ Check Payable to:________ Exceptions This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment: Date(s) of waiver and release:________ Amount(s) of unpaid progress payment(s): $________ (4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. Signature Claimant’s Signature:________ Claimant’s Title:________ Date of Signature:________

UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

Fill in and sign this form
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information Name of Claimant:________ Name of Customer:________ Job Location:________ Owner:________ Through Date:________ Unconditional Waiver and Release This document waives and releases lien and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document does not waive or release rights for labor or service provided, or equipment or material delivered, after the Through Date. The claimant has received the following progress payment: $________ Exceptions This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. Signature Claimant’s Signature:________ Claimant’s Title:________ Date of Signature:________

CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

Fill in and sign this form
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT. Identifying Information Name of Claimant:________ Name of Customer:________ Job Location:________ Owner:________ Conditional Waiver and Release This document waives and releases lien and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn: Maker of Check:________ Amount of Check: $________ Check Payable to:________ Exceptions This document does not affect any of the following: Disputed claims for extras in the amount of: $ ________ Signature Claimant’s Signature:________ Claimant’s Title:________ Date of Signature:________

UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

Fill in and sign this form
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information Name of Claimant:________ Name of Customer:________ Job Location:________ Owner:________ Unconditional Waiver and Release This document waives and releases lien and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full. Exceptions This document does not affect the following: Disputed claims for extras in the amount of: $ ________ Signature Claimant’s Signature:________ Claimant’s Title:________ Date of Signature:________

This page is information about Delaware's lien waiver law. It is not legal advice.