Idaho Unconditional Waiver and Release Upon Final Payment: When and How to Send

Updated Sept 2025 | All statutory references in this article reflect the Idaho Code, Title 45, Chapter 5 (2024 codification)

The Idaho Unconditional Waiver and Release Upon Final Payment is one of the riskiest lien waiver forms subcontractors and suppliers may encounter. Unlike some other states, Idaho does not prescribe or regulate statutory lien waiver forms under Idaho Code Title 45, Chapter 5. This means that contractors, subcontractors, and suppliers looking to waive their lien rights—and property owners requesting waivers—may use customized lien waiver documents.

While this flexibility can seem convenient, it also creates risk. Because lien waivers in Idaho are not standardized, responsibility falls on subcontractors and suppliers to carefully read any waiver before signing. Signing the wrong waiver, or signing too early, could permanently release your lien rights.

Property owners and general contractors often request waivers to ensure payments have cleared and to protect against lien claims, but for subs and suppliers, the impact is loss of a powerful collection tool.

This guide explains what subcontractors and suppliers must know about completing and signing an Idaho Unconditional Waiver and Release Upon Final Payment.

When to Use an Idaho Unconditional Waiver and Release Upon Final Payment

An Unconditional Waiver and Release Upon Final Payment should be used only when both of the following apply:

1. You have completed your work.
   
   This waiver is tied to final payment. You should have no further work remaining and no expectation of additional payments. Signing means you permanently release lien rights for the entire project.
   
   
2. You have already received and cleared payment.
   
   As an unconditional waiver, it becomes effective immediately upon signing. If a check bounces or an electronic payment fails after signing, you cannot reclaim your lien rights. Idaho Code does not provide any statutory right to retract a mistakenly signed unconditional waiver.
   

Because of these conditions, the Idaho Unconditional Waiver and Release Upon Final Payment is considered the most risky lien waiver type. Only sign after verifying funds are in your account and all project obligations are complete. Otherwise, request a conditional waiver instead.

Ensure You Are Signing the Correct Idaho Lien Waiver

Look for the following details to confirm the waiver type:

1. Immediate effectiveness.
   
   An unconditional waiver is effective upon signature, with no language conditioning it on payment clearing.
   
   
2. Covers “final” or “all” work.
   
   If the waiver states it covers your last payment or all services furnished, it is a final waiver. Lack of a “Through Date” or other limiting language typically signals a final unconditional waiver.
   

Unless both conditions (work completed, payment cleared) are satisfied, request a different waiver form.

Information That Should Be Included in an Idaho Lien Waiver

Because Idaho does not regulate lien waiver language, waivers can vary widely. At minimum, a waiver should include:

• Name of the property owner
• Name of the hiring party (contractor or subcontractor)
• Your business name, address, and signature
• Sufficient property description for identification
• Description of labor, materials, or equipment provided
• Amount of payment received in exchange for the waiver
  

Caution: Without statutory regulation, waiver forms may contain language broader than intended—such as releasing claims beyond lien rights. Always read carefully before signing.

Best Practices Before Signing an Idaho Unconditional Waiver and Release Upon Final Payment

1. Do not sign until payment is confirmed.
   
   Never sign an unconditional waiver if funds have not cleared. Idaho law provides no remedy if payment fails after you sign.
   
   
2. Confirm your work is complete.
   
   Signing a final waiver while work is unfinished extinguishes lien rights for the entire project. If additional work or payments remain, use a conditional progress waiver instead.
   

Read all waiver language carefully.

Because Idaho does not mandate waiver wording, forms may contain hidden provisions affecting payment rights. Waiver clauses can even appear in general contracts. Subcontractors and suppliers should review every waiver or contract section relating to payment rights before signing.