Project completed and waiting for general contractor to approve additional work not included in contract to add a change order 5. They are stalling asking for a final unconditional lien release. I told them not until paid in full in final payment. Can I send a demand for payment letter with intent to lien within next 2 weeks?
It's difficult to say without knowing what was agreed in the contract between you and the GC regarding submitting lien releases with payment applications or prior to receipt of payment. However, in an effort to avoid the time and expense of a lien and lien enforcement action, you could offer the following options: (a) to provide a conditional release that becomes effective immediately upon your receipt of the agreed payment amount (some GC's may want an uncondition release to be submitted after you receive payment, which would be fine); or (b) submit the unconditional release the GC is requesting with a cover letter stating that the release is to be held in trust by the GC pending your receipt of payment in full, and is not enforceable against you until your receipt of payment in full). You can always send a demand letter and/or notice of intent to lien to the GC (with a copy to the Owner), but I suggest trying the other options to avoid unnecessarily escalation the situation and pushing you towards expensive and time consuming legal action.