Our customer is asking us to sign a Subtier Conditional Lien Waiver so that they can submit for their First Pay App. If we sign this "Conditional Waiver" will be still be able to file a lien if necessary?
Without reading the waiver I cannot say for sure, but generally, signing the lien waiver releases any claims you may have against the party being released. So my tenative answer is that you probably won't be able to file a lien against any party you are releasing in that waiver.
With that being said, sometimes these waivers contain a provision that essentially says you don't waive your right to file a lien until the check for payment clears the bank. I would read over the waiver and see if you find a provision like this.
Hope this helps.