Conditional Waiver and Release Upon (i) Progress Payment and (ii) Final Payment Forms
Hello, I have three questions with respect to the Conditional Waiver and Release Upon Progress Payment and Final Payment Forms. For context, I am a property owner and would like to limit liability from both tort claims and non-payment by my general contractor (“GC”) or his suppliers/subcontractors (“SS”). I only contract with/pay my GC directly, he then pays the related suppliers/subs.
1. For the conditional waiver and release upon progress payment form, must I require my GC to get a release form signed by each of his SS for every progress payment?
2. Can I instead have the GC sign one conditional payment form in which he agrees to pay all SS and indemnify me from any liens or other claims any SS might bring against me? This way I can just have the GC list the names of all SS to one Conditional waiver/release form instead of requiring 10+ each time.
3. If I can’t do #2, can I at least do this for the final payment release?. I want to put the responsibility on the GC to ensure all SS are paid and have no grievances/claims (payment or injury) against my property resulting from the construction since he was in direct contact with them, managed the construction site, and is in the best position to ensure payment/prevent injuries/claims arising from his conduct or SS.