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Can I signed a waiver?

Good afternoon, I am in Florida and I am an HVAC contractor. The project's GC is asking me to sign the "WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT"; Send it to him by email so he can send me the check. I sent him a CONDITION and he says he can't say conditional. Is he correct? Should I sign him as he wants? Please tell me how I can proceed. Thanks

2 replies

Apr 16, 2021

It is never a good idea to send a waiver before getting the check. You could write in an e-mail that the waiver is being sent to him personally in escrow and that it may not be used unless and until the payment is sent to you. If he accepts the waiver then he is now an escrow agent and personally responsible for paying you. The statutory form of both the progress and final lien waivers have a provision that the waiver is conditioned on payment of the check. This means that if you receive a check and it bounces your waiver is ineffective. Here you don't yet have the check so you must make sure to either send it in escrow or exchange the waiver for the check in person.

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Helpful

Apr 16, 2021

Thank you so much

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