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Conditional Partial Release

FloridaLien Waivers

I am a sub and I now have 2 monthly pay apps pending payment. The GC needs conditional partial releases for each pay app with the amount owed and the monthly thru date they represent. I was wondering if I send both releases and they pay the later month and not the previous month will I release my financial lien rights for the previous month with the later months conditional partial release.

1 reply

Sep 29, 2020
This is a particularly unique situation, and your concerns are valid. The through date is essentially one of  the most important pieces of information on a FL partial lien waivers and releases, more so than the actual amount listed at the top. When a partial waiver and release is executed, all lien rights for labor and materials provided up until that listed through date will be waived. So, in essence, if you provided waivers for both pay apps, and payment is made on the second/later pay app, it could operate to waive all lien rights up until that point in time. I would be wary of sending both. I think there are two ways to approach this situation: A) Only send one waiver for the earlier outstanding pay application. Once payment is received for that waiver, and the conditional waiver becomes binding, then send over a waiver for the second. Each listing their respective "through-dates." B) Since these are conditional waivers, reach out to the general contractor and request that both pay applications be paid under the same check. If the GC agrees, then a single waiver can be filled out with the more recent pay app's through date, while also providing the check information to include both amounts. Again, since the waiver is conditioned upon deposit of the check referenced on the waiver, it will not be valid until that payment has been received. Good luck! For more information on Florida lien waivers, see:
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