Instructions: G902™–2022, Unconditional Waiver and Release on Progress Payment

 

Synopsis.

AIA Document G902™–2022 is intended for use when the Contractor is required to provide a waiver and release that unconditionally waives and releases the Contractor’s rights to assert a lien or payment bond claim for Work performed on the Project through a specific date, except for those rights listed under “Exceptions” in the document. The Contractor’s waiver of rights is not conditioned upon the Contractor’s receipt of a future payment as described in the form. AIA Document G902 is typically executed as part of the documentation in support of a progress payment.

CAUTION SHOULD BE EXERCISED BEFORE USING G902 TO VERIFY COMPLIANCE WITH CURRENT LAWS AND REGULATIONS. USERS SHOULD CONSULT WITH AN ATTORNEY WITH REGARD TO COMPLETION AND USE OF G902.

Completing G902-2022.

Waiver and Release Number. This refers to the number assigned by the Contractor to this specific G902.

Payment Application Number. This refers to the number of the Application and Certificate for Payment submitted for the relevant payment period. This information should coordinate with the application number of any AIA Document G702®, Application and Certificate for Payment, or a related document, that is submitted as part of the documentation in support of the progress payment for which the Waiver and Release is used.

Contractor. Include the name of the Contractor or subcontractor applying for payment, and who performed the Work on the Project covered by the Waiver and Release.

Customer. This refers to the name of the party with whom the Contractor has an agreement to perform the Work on the Project.

Property Owner.  This refers to the name of the Owner of the Property where the Work is performed. 

Work. This refers to the type of Work performed by the Contractor on the Project, such as General Construction or Mechanical Work.

Project. Insert the name and address of the Project. The Owner-Contractor Agreement, or a related subcontract, is the usual source of this information.

Property. Consult with an attorney to determine how the Property is legally required to be described in the applicable jurisdiction. In some instances, an address may be sufficient.  However, a legal description of the Property may be required, and that legal description may be required to be in a particular format (metes and bounds, lot and block, etc.).

Exceptions. This section lists any rights of the Contractor not being waived and released upon execution of the G902. The Contractor should include the total amount of all disputed claims in this section. If there are any other Exceptions, these should be listed in the space provided; otherwise enter as “None.”

Effective Date. This refers to the last date of the Work that is covered by the progress payment to be made to the Contractor. Lien and payment bond rights are waived for Work performed through, and including, this date.

Supporting Documents. List any documents supporting this waiver and release.

Notes.

Modifications. Particularly with respect to professional or contractor licensing laws, building codes, waiver and release of liens, taxes, monetary and interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to comply with state or local laws. Users are encouraged to consult an attorney before completing or modifying a document.

Reproductions. This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. For more information, see the document footer and the AIA Contract Documents® Terms of Service.

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