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Can a general contractor withhold my retention until I sign the unconditional waiver- already gave conditional

ArizonaLien Waivers

I have reason to believe a general contractor I deal with might not be on the up and up with payments all the time. I, therefore, do not feel comfortable signing an unconditional until their payment clears the bank. I thought that was the whole purpose of the conditional waiver. However, they have been paid retention back on 3 jobs from over 3 months ago. They email me pics of the check, with unconditional waiver copies I am required to sign and return BEFORE they will release the check. I had to threaten filing the lien before I was even shown any check from them. They were ignoring my calls until then. Isn't this illegal? I thought they had 7 days from their payment to pay me? (I'm the plumbing sub by the way). I explained I would be glad to give them the signed unconditional as soon as it clears bank. I even explained how the conditional serves the same purpose as the unconditional once payment is made to me. They are digging in their heels and will not release the check to me. Am I wrong? I don't want to fight this and find out I'm the one off base here.

1 reply

Jun 23, 2020
The unconditional waiver terms are set forth by statute. Those terms expressly state that the contractor signing the unconditional waiver has been paid. So, no, they cannot require you to sign the unconditional waiver as a condition of paying what is owed. They pay you, then you sign.
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