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Should I have our builder sign an unconditional lien waiver form?

MaineLien Waivers

Our builder just finished our new house project; we are self-financing this with no bank involved. What form should we have the contractor/builder sign so that none of his subcontractors can come back to us for not getting paid, etc. We are in Maine.

1 reply

Jul 29, 2022

Yes, you should have your builder sign an unconditional lien waiver document that, among other things, also contains a representation by your builder that all subcontractors have been paid in full and no amounts are due. You can also ask your builder to indemnify, defend, and hold you harmless from and against any subcontractor claims, including lien claims. You should realize, however, that this document will not prevent any subcontractors from asserting lien claims. To protect against that, you would need to have all the subcontractors sign lien waivers as well.

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