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Does signing an unconditional waiver for payments received waive all lien rights on the job?

Arizona

We are performing work on several commercial projects. The owner is paying us directly for one trade, and a second trade is being paid to us through a general contractor. The owner has paid us for their portion of the work, the general contractor has not. The owner is asking us to sign a waiver for all work performed through a certain date. The dollar amount listed on the waiver is the dollar amount we have actually received, however we still have outstanding invoices that must be paid by a non-cooperative GC for properties directly listed on the lien. If we sign this waiver, are we forfeiting our rights to place a mechanics lien on these properties, should the GC never pay us?

2 replies

May 13, 2022
This is a common question faced in the construction industry. No attorney can answer your specific situation without review and analysis of the actual document details in the context of the factual setting. As a general rule, regardless of the title heading of any legal document, the details of the contract language drive the analysis and determine the rights of the interested parties. Attention to detail and great caution should be taken before signing any waiver regardless of its title heading.
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May 31, 2022

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