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Can a contractor refuse to provide waivers from suppliers, or himself, when asked by the owner to provide them?

CaliforniaLien Waivers

1) I am a home owner in California. When I pay my contractor, does the Conditional Waiver and Release signed by him, cover me against liens from his suppliers, or do I need to ask him to provide me with Conditional Waivers from each of his subs or suppliers as well? 2) In the latter case, above, does my canceled check to the contractor cover me even if my contractor fails to pay the supplier he got the Conditional Waiver from, or must I insist on joint checks or payment directly to the supplier? 3) Can contractors licensed in California legally refuse to provide these if requested by the owner? Thanks Andy

1 reply

Jul 31, 2021

For a homeowner to be protected from the possibility of a mechanics lien the homeowner can demand unconditional waivers signed by the general contractor and all subcontractors for what has been invoiced. If the homeowner does not receive the unconditional waivers signed by the subcontractors then the homeowner is not protected from the possibility of a mechanics lien filed by any subcontractor not paid by the general contractor. The homeowner can withhold future payments until the unconditional waivers are received. If payment is sent and unconditional waiver received, then cancelling a check would not be advisable and could expose the homeowner to liability.

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