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The Subcontractor, for and in consideration of the payments made to it by Contractor, for labor employed and materials furnished for the construction of the above-referenced Project, the receipt and sufficiency of which is hereby acknowledged, hereby certifies, agrees, and swears as follows:
1. The Subcontractor acknowledges receipt of payment from Contractor equal to the Total Payments Received to Date set forth above, and certifies that, through the date of the above-referenced Requisition, and upon receipt of $, the amount of said Requisition, (a) the aggregate of said amounts represents payment in full, less contract retainage, for all amounts due for labor and materials provided by the Subcontractor and all of its personnel, sub-subcontractors and material and equipment suppliers in connection with the improvement of the Project; and (b) the amounts set forth above are true and correct.
2. The Subcontractor, for itself, its successors and assigns and anyone else acting or claiming by or through it, hereby releases and waives entirely: (a) any mechanic’s lien or other lien, stop notice, or
any right against any labor or material payment bond, or claim to any mechanic’s lien or other lien which the Subcontractor may now 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, except claims regarding contract retainage, 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 relative to the Project, contracts, labor, materials, equipment, services and supplies referenced above; 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 upon reason of any matter, cause, or thing, whatsoever from the beginning of the world to the date of the above-referenced Requisition.
3. The Subcontractor further warrants that: (a) all workmen employed by it or its sub-subcontractors upon the Project and all materialmen from whom the Subcontractor or its sub-subcontractors have purchased materials used in the Project have been fully paid through the date of the above-referenced Requisition; and (b) none of such workmen and materialmen has any claim or demand or right of lien against the Project described above.
4. The undersigned is a duly authorized agent of the Subcontractor, which has authorized him/her to make this affidavit and agrees the Released Parties may rely upon this instrument. With respect to the foregoing representations and warranties, the Subcontractor does hereby agree 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 attorney’s fees, court or arbitration costs, and expert witness and consultant fees expended in connection with the defense of any such claim.
The extent of damages due to the foregoing conditions cannot be fully ascertained at this time. We reserve the right to supplement the information contained in this notice as information becomes available or should any other areas of its work and operations subsequently by affected by the conditions identified above.
IN WITNESS WHEREOF, this Partial Waiver and Release of Lien has been executed on [[formatted_effective_date]]
Partial 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