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Can I Lien if I signed a Conditional Partial Waiver

I'm a FL subcontractor and signed a conditional partial waiver and release of lien for payment. Can I still Lien the GC? My Lien opportunity expires 3/14/21. My last day of substantial completion was Dec 14 2020. Can I still Lien if I signed the Conditional Partial Waiver??

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Mar 9, 2021

The lien would be against the property owner, not the GC. It depends on what your "conditional" partial waiver and release of lien for payment says. If it says that you need the payment for the release to be effective then if you didn't receive payment the conditional release should not be a bar, however, there are other things that you have to consider when placing a lien. You need to have properly served a timely NTO, just as an example. If it says

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