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conditional progress

Conditional Progress lien waiver in the Exceptions portion where it says Dates of waiver and release is that the date through on the previous waiver that it was signed or the date through that the billing was done for?

4 replies

Aug 19, 2019

Typically, the exceptions section of a conditional waiver and release upon progress payment allow you to write-in and carve out from the release prior billings that remain unpaid despite the present waiver and release. In other words (and for example), it is possible to properly release all claims through July 31, 2019 in exchange for payment in the sum of $75,000, EXCEPT for specific invoices that composed the amount of a previously submitted waiver and release dated June 30, 2019 in the amount of $100,000. I hope this makes sense. ---CN (NOTE: The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. The content contained herein is published online for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. This posting does not create any attorney-client relationship and is neither intended to constitute an advertisement nor a solicitation).

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Jun 12, 2023

The date through which the waiver extends would depend on the specific terms and conditions outlined Wordle in the waiver document itself. It could refer to the date through which the previous waiver was signed, or it could refer to the date through which the billing was done for the work or services being waived.

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