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conditional lien

Idaho

Does the claimant on a lien waiver conditional need to fill out the dollar amount of the draw and the amount due to be paid? Or can one or the other suffice for the lien waiver. I had a subcontractor submit a conditional lien for the draw amount which is different then the amount due left to bill for. He only put the amount left to bill on the waiver. I thought this would suffice to release payment.

1 reply

Apr 1, 2020
If possible, I would suggest asking the subcontractor to reissue the lien waiver with all information correctly stated. You never want to rely on an incomplete waiver, or issue a payment based upon it. First, if you as general contractor, in turn, provide an all bills paid affidavit to your owner, there is a potential gap in release coverage there, and your company could be on the hook for defending your own company and potentially defending the owner as well. Whether the form as completed would work at the end of the day is a dense legal question and I don't think any attorney could provide you a firm answer one way or the other. Best practice is to make sure they're perfect.
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