We filed a lien on a project this month for $4204.06 and the GC sent $450 check for payapp 4. They still will owe us a change order and retainage. Can we cash this check without losing our lien rights? Please Help!
Hello,
Yes. You may cash that check. Just make sure you are keeping a good accounting of how much money you were owed and how much money has been paid so that you will not be trying to enforce the wrong amount. You should even consider giving a partial lien waiver for the amount of money that you have been paid.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com