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Do lien releases still exist if there's outstanding invoices after sub/supplier signs unconditional final?

CaliforniaLien Waivers

Yes I have a general question. I work in the construction industry. If a sub's supplier files a 20 day prelim notice (California) and gives an unconditional final, yet they have more invoices dated after the date the unconditional final is signed, does the lien rights still exist? Do I still have to get another unconditional final?

1 reply

Jun 14, 2018

That's a fair question. When submitted, a California final unconditional lien waiver will waive all of the lien rights for the party submitting the waiver. However, if any amounts were specified in the "Exceptions" section of the lien waiver, then the right to file a mechanics lien will still exist for those amounts listed. If there were no amounts listed under "Exceptions", a final unconditional lien waiver will waive all of the submitting party's lien rights for a given project. However, to avoid any issues or complications down the line, it might be wise to obtain another final unconditional waiver after all work has been completed - even if doing so might be unnecessary.

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