Benton County Receipt and Waiver of Mechanic Lien Form (Minnesota)

The following Minnesota and Benton County supplemental forms are included as a courtesy with your order:

When using these Receipt and Waiver of Mechanic Lien forms, the subject real estate must be physically located in Benton County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Benton County include:

• Foley
• Gilman
• Oak Park
• Rice
• Saint Cloud
• Sauk Rapids

Receipt and Waiver of Mechanic's Liens Rights in Minnesota

During the construction process, the owner (or other parties) may make one or more progress or partial payments on the work or materials furnished to date. Additionally, the owner might pay the full amount or the full amount less any retainage or holdback amounts (used to pay subs and other worker's wages). When a full or partial payment is made, you can issue the owner a waiver for a lien on the amount paid. By issuing the waiver, you give up the right to claim a mechanic's lien for either the full or partial payment amount.

The receipt and waiver contains the following information: 1) date drafted; 2) amount received as full or partial payment; 3) a designation as partial payment for labor, skill, and material furnished; payment for all labor, skill, and material furnished or to be furnished; or full and final payment for all labor, skill, and material furnished or to be furnished; 4) if there are exceptions for amounts for retainage or holdback, the total amounts withheld; and 5) a property description; and 6) description of all materials not yet paid for or names of contractors not yet paid.

Finally, you should ensure that the proper box is checked for the waiver type. If a partial or progress payment was made, check Box #1. If a payment is made for all labor, materials or services furnished or to be furnished except for certain retainage or holdbacks, check Box #2. If a full and final payment was made without exceptions, check Box #3.

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of an attorney. Please contact a Minnesota attorney with any questions about lien waivers or other related issues.

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