Lien Waiver

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I have a General Contractor demanding a signed lien waiver before they will issue final payment on an unconditional lien waiver form. Is this legal?

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Posted by Sarah
Asked on May 6, 2016 12:13 pm
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Sarah, given the limited amount of information you’ve provided, I assume you are a subcontractor awaiting final payment from a general contractor. Generally, and unless you have an agreement with the general that says otherwise, you are not required to give the general a lien waiver in order to get paid. You should review your subcontract carefully to be sure that you have not agreed to do so as a condition for payment. You should also be sure that you didn’t modify your agreement with the general, either verbally or in writing, to add this additional requirement for payment. In the end, you are entitled to be paid for your work, and the general cannot demand consideration to which it is not entitled as a condition of payment. Thus, if there’s no agreement for you to provide a lien waiver, the general cannot condition payment upon the same. Good luck! -Steve Whitmore The information provided above is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Robinson & Henry, P.C. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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Posted by Bill Henry (Questions: 1, Answers: 2)
Answered on July 20, 2016 9:51 am