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WHEREAS, Subcontractor has entered into a subcontract with the above-referenced Contractor for the supplying of materials and/or labor for the above-referenced Project. The Subcontractor has or is about to requisition the final payment from Contractor pursuant to the above-referenced Subcontract.
NOW, THEREFORE, for good and valuable consideration, including the payments referenced herein, the receipt and sufficiency of which are acknowledged, the Subcontractor agrees as follows:
1. The Subcontractor (a) acknowledges receipt of payments equal to the Total Payments Received to Date set forth above, and (b) certifies that: (i) said amount represents payment in full for all amounts due for all labor performed and materials furnished by the Subcontractor in connection with the Project and the Subcontract set forth above; (ii) the amounts set forth above are true and correct; (iii) it has no claims for additional costs or claims for any extras or additions for labor and
material relating to the Subcontract or the Project and is not aware of any such claims by any other contractor, subcontractor, sub-subcontractor or materialmen; and (iv) it has been paid in full for all labor, services, supplies, equipment and materials furnished in connection with the Subcontract and the Project.
2. The Subcontractor, for itself, its successors and assigns and anyone else acting or claiming by or through it, hereby releases, waives entirely, and forever discharges: (a) any mechanic’s lien or other lien, stop notice, or any right against any payment bond, or claim to any mechanic’s lien or other lien which the Subcontractor may now or hereafter have for all labor, materials, equipment, services and supplies furnished for use in or performed upon the above-referenced Project; (b) any and all claims against Contractor, Owner, and their respective related, affiliated and parent persons and entities including without limitation, the agents, attorneys, employees, heirs, executors, administrators, members, managers, officers, stockholders, partners, sureties, successors, and assigns of the foregoing (collectively referred to as “Released Parties”) on account of any action or cause of action which now exists or which hereafter may accrue to the Subcontractor relative to the contracts, labor, materials, equipment, services and supplies referenced above and related to the Project; and (c) all actions or causes of action, suits debts dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law or in equity, which against the Released Parties the Subcontractor ever had and now has or hereafter can, shall or may have for, upon or by reason of any matter, cause, or thing, whatsoever from the beginning of the word to the day of the date of these presents.
3. The Subcontractor further warrants that: (a) all workmen employed by it or its sub-subcontractors upon the Project have been fully paid to the date hereof; (b) all materialmen from whom the Subcontractor or its sub-subcontractors have purchased materials, supplies and/or equipment used in the Project have been paid for on or prior to the date hereof; (c) all union benefits, dues, and costs have been paid in full prior to the date hereof; and (d) no workmen and material men have any claim or demand or right of lien against the above-described Project.
4. Subcontractor agrees to pay and/or cause to be discharged within fifteen (15) days from the date of filing of any and all mechanic’s, materialmen, and other liens filed by others against the Project when such liens are claimed to have been filed as a result of the Subcontractor’s failures to make payments for or in connection with any labor, materials, appliances, machinery, equipment, fixtures, or furnishings placed upon or installed on the Project. After such discharge by bonding, the Subcontractor shall take all steps necessary to effect cancellation, release or satisfaction of the lien. Any or all of the Released Parties may, at their option, (a) post a bond and discharge such lien, (b) defend any action related to the lien, or (c) pay and satisfy any judgment or award in connection with such lien, and the Subcontractor shall be responsible for and pay all of such Released Parties’ direct and indirect costs, including without limitation attorneys’ fees within thirty (30) days from demand therefore.
5. The Subcontractor agrees to indemnify and hold harmless the Released Parties and any others against whom a claim is asserted by virtue of involvement or relationship with them, from any and all claims, damages, losses, expenses, and the like incurred by reason of any claim that the Subcontractor has not fully paid for all labor, materials, and expenses incurred in connection with its work on the Project, including reasonable attorneys’ fees, court or arbitration costs, and expert witness and consultant fees expended in connection with the defense of any such claim. Subcontractor’s obligations set forth in this Final Unconditional Waiver of Lien and Release shall survive termination or completion of the Subcontract.
6. The signatory hereof is duly authorized by the Subcontractor to make this affidavit and agrees that the Released Parties and any surety and title insurer may rely upon this waiver and release.
IN WITNESS WHEREOF, this signature and seal of the Subcontractor as of [[formatted_effective_date]]
Final Lien Waiver sent to:
[[filer_name]] - [[filer_email]]
[[c.name || c.role]] - [[c.email]]
[[filer_company_name || 'Filer Company']]
[[filer_email || 'Filer Company Email' ]]
[[filer_company_address || 'Filer Company Address']], [[filer_company_city || 'City']], [[filer_company_state || 'State']] [[filer_company_zip]]
Construction Disputes, LLC
2202 Lexington Avenue, Kansas City, MO 64124