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Waiver Language

Anonymous Contractor

I am a real estate investor. I have an investment property that my GC is doing the work on. I am confused by the language in the waiver. Who is the customer in the lien waivers? I am the owner correct? So where it states: Name of Claimant (GC) Name of Customer (?) Owner - myself Can I kindly get some clarification. Thanks.

1 reply

Alex Benarroche

Construction Lawyer

Levelset Admin at Levelset

| 334 reviews

Jan 23, 2020

Indiana doesn't regulate the form that lien waivers need to be in, so there is a wide variety of forms you may encounter. You may want to reach out to your GC to clarify the roles they expect to be input. However, it seems to me that this is the proper way to classify the roles. Since these are executed by subs, it's best to think about this from a bottom-up approach.

The claimant will likely be the subcontractor who is waiving their lien rights in exchange for payment.
The customer is likely the GC, as they would be the sub's customer how contracted with them on the project.
The owner is the easy one, that'd be you as the one who holds title to the property.

Hope this helps. Again, as these are custom documents, you may want to confirm this with your general contractor. For some additional information:

NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...

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