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Can a California Final Conditional Waiver supersede a California Progress Conditional Waiver?

California

We attached conditional waivers to all billings. The retention bill was submitted with a Final Conditional Waiver (without exceptions) and paid. However, we have an unpaid progress bill that was previously submitted with a Progress Conditional Waiver. Our customer is claiming that payment for retention, which matched the amount on the Final Conditional Waiver, replaces all previous Progress Conditional Waivers and they are refusing to pay us. Is the Progress Conditional Waiver for the unpaid bill still enforceable?

1 reply

Oct 29, 2022
Unless you've listed the unpaid progress payment in the conditional final as an exception, which it sounds like you have not, you have an uphill battle. You may be able claim mistake and attempt to unwind the conditional final but, again, you're in a tough position. You should seek out a construction lawyer in you area. Good luck.
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