Who uses these forms
In Nevada the forms are the ones a lien claimant gives. NRS 108.2457 lays out four of them in subsection 5, lettered (a) through (d) [1], and it makes them the only enforceable shape for this document: a waiver and release given by any lien claimant is unenforceable unless it is in those forms [1]. That gives the set mandatory force.
The four split along two lines. One is timing, with a progress payment pair and a final payment pair. The other is whether the release waits for money to clear, which separates the conditional versions from the unconditional ones. Each form speaks for "the undersigned" and reaches the signer's notice of lien, private bond rights, claims for payment and rights under any similar ordinance, rule or statute related to payment rights on the property [1].
What the statute says about them
A conditional form does nothing on signing. By its own text it starts to operate only after the signer receives a check for the stated Payment Amount, the check is properly endorsed, and the bank it is drawn on pays it [1]. Both conditional forms also tell anyone receiving the document to look for evidence of payment before relying on it.
An unconditional form begins from the opposite premise, reciting that the signer has already been paid. Each of the two ends with a notice, and the notices are not the same [1]. The progress version says the document is enforceable against the signer "to the extent of the Payment Amount or the amount received", while the final version says it is enforceable "even if you have not been paid" [1].
Just before each of those notices, the statute prints a parenthetical line. That line is the statute's own direction about the notice, not part of the form, and it sets the type rule: the notice may be no smaller than the biggest type used elsewhere on the document [1]. The conditional forms carry no notice of this kind.
Nevada does not call for a notary [1]. Each form closes with a Dated line, a line for the company name, and By and Its lines.
Reading the blanks
All four open with the same five labels: Property Name, Property Location, Undersigned's Customer, Invoice/Payment Application Number and Payment Amount [1]. The final payment forms add more.
- Progress forms, (5)(a) and (5)(b) [1]. No further blanks. The text limits the release to the Payment Amount, or the part of it actually paid, and leaves out retention withheld, items or changes pending approval, disputed items and claims, and unpaid items furnished.
- Conditional final form, (5)(c) [1]. Adds a Payment Period and an Amount of Disputed Claims, and the release does not reach payment for those claims.
- Unconditional final form, (5)(d) [1]. Adds an Amount of Disputed Claims, excepted from the release in the same way.
Every form also carries the signer's warranty that it has already paid, or will promptly use the money received to pay in full, all laborers, subcontractors, materialmen and suppliers for the work, materials or equipment the waiver and release covers [1].
What changed recently
The section's history note shows that it was added to NRS by 2003, 2591 and amended by 2005, 1914 [1].
Related
- Lien waiver forms by state
- Nevada retainage law
- Lien waiver template, labeled as not a statutory form, for states without a statutory form