We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is an Unconditional Waiver?

By Shannon Johnson
Updated May 16, 2024
Our promise to you
MyLawQuestions is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At MyLawQuestions, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

An unconditional waiver is basically a waiver of all present and future legal rights. Such a waiver is most often utilized in the construction context by homeowners or professional construction companies wanting to protect themselves from mechanics' liens. Unconditional waivers are also frequently used in the group sports and leisure activities arena, where a person seeks to protect himself from liability by having another party unconditionally give up or waive certain rights to bring suit.

Unconditional lien waivers are commonly utilized during commercial and residential construction projects to protect the property from claims brought by contractors, suppliers and others who work on the project. They are essentially waivers against any future claims alleging non-payment for services or supplies rendered. There are two main types of unconditional waivers — an unconditional waiver and release of final payment, and an unconditional waiver on progress payments.

Progress payments are the payments contractors and suppliers receive based on the stages they’ve completed on the construction project. The execution of an unconditional waiver on a progress payment means the payment issued is what the contractor or supplier is owed at that point. The waiver acknowledges there are still funds owed to the supplier or contractor.

Upon the completion of the project, an unconditional waiver and release of final payment is executed. This in effect releases the construction project from any further financial obligations to suppliers or contractors. The contractor attests by signing the waiver that full payment was received and that no further claims for payment can be brought.

Both types of waivers must include certain information to be deemed valid. This includes the names of the parties involved, a description of the job, the amount of the entire contract, the amount paid to the contractor, and the payment conditions and additional terms outlining exactly what types of claims are being released. The unconditional waiver on progress payment will also contain language indicating the amount still due under the contract.

Failure to pay contractors and suppliers for work on construction projects can result in the constructed property being encumbered by mechanics' liens. These liens can operate as a legal impediment to the transfer of title and will usually have to be paid before the title to the property can transfer to another owner. Unconditional waivers offer legal protection against these occurrences.

In the nonconstruction context, unconditional waivers are most often seen in the professional and recreational group sports context and are directly related to avoiding liability in the event that a participant is injured. Whenever an activity is undertaken that carries with it inherent risk, the execution of an unconditional waiver of rights will more than likely be required.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.