FINAL RELEASE

(Contractor/Construction Manager (“Contractor”))

Final Waiver of Claims and Release of Rights

Date: ______Contract Date: ______

Project Name: ______Original Contract Price: ______

Project Location: ______Approved Change Orders (+/-):______

______Adjusted Contract: ______

______Amount of Previous

Payment Certificates:______

Balance Due: ______

Owner: ______

Contractor/Releasor: ______

The undersigned hereby acknowledges that the above Balance Due, when paid, represents payment in full for all labor, materials, services and supplies furnished by the Releasor in connection with its work on the above referenced Project in accordance with the contract between Owner and Releasor (the “Contract”).

In consideration of the amounts and sums previously received, and the payment of the Balance Due being the full and final payment, the Releasor does hereby release the Owner, Architect, and their respective directors, officers, principals, employees, agents and assigns from any and all claims in connection with the Project. Furthermore, Releasor hereby releases any lien upon the Project premises claimed or filed in connection with the Project and waives any and all rights upon the Project location, upon improvements now or hereafter constructed or erected thereon, and upon the monies or other consideration due or to become due from Owner, or from any other person, firms or corporation to Releasor.

The undersigned further represents and warrants that he/she is duly authorized and empowered to sign and execute this waiver on his/her own behalf and on behalf of the company or business for which he/she is signing; that Releasor has properly performed all work and furnished all materials of the specified quality in accordance with plans and specifications (including change orders) and in good and workmanlike manner, fully and complete; that Releasor has paid for all the labor, materials, equipment, and services that Releasor employed or engaged in the prosecution of its work, and that any materials which have been supplied or incorporated into the above premises were either taken from its fully paid or open stock or were fully paid for and supplied on the last and final payment application or invoice.

The undersigned further agrees to indemnify, defend and hold harmless the Owner, Architect, and their directors, officers, principals, employees, agents, and assigns against any claims, costs, losses or expenses (including without limitation reasonable attorney fees) in connection with any claim, lien or right of lien asserted by or through the Releasor or any of its laborers, materialmen or subcontractors.

In addition, for and in consideration of the amounts and sum received, including the Balance Due set forth above, the Releasor hereby waives, releases and relinquishes any and all claims, rights or causes of action in equity or law whatsoever arising out of, through or under the above mentioned Contract and the performance of work pursuant thereto.

The Releasor further guarantees that all portions of the work furnished and installed are in accordance with the Contract and that the terms of the Contract with respect to this guarantee will remain in effect for the period specified in said Contract.

Sworn to before me this ______Releasor:______

day of ______

______

OFD Form 820a Rev B 12/30/08