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Can I write a condition on my Conditional Final Release

I'm a subcontractor and finish a job, last year, I had to file a mechanical lien in December 2020, they issued a check to my suppliers but to us they are asking me for a Conditional Final, my question is "if I write a note on the conditional as " this amount is valid only if a joint check is issued by the owner of the project" .... the reason is I don't trust this company will issue a total amount agreed minus the suppliers payment check, and that was not the deal . Can you let me know if its a legally valid to add that note?

1 reply

Mar 10, 2021

When providing a Conditional Waiver and Release on Final Payment, you should only use the statutory form. The statutory form lists the condition as a Check for a particular maker of the check, the amount of the check, and to whom the check is made payable to. So, what it sounds like you want to put on the check should already be part of the form you are signing. If not, please look at Civil Code section 8136 for the correct form to use.

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