Does this contract language waive my right to lien? "Subcontractor expressly agrees that payment by the owner to the contractor for any work performed by the subcontractor is an express CONDITION PRECEDENT to any payment by the Contractor to the Subcontractor and that the Contractor is under no obligation to make any partial or final payments to the Subcontractor, as provided in paragraph 2, until and unless the Contractor is paid by the Owner. Subcontractor agrees to accept the risk that he will not be paid for work performed by him in the event the Contractor, for whatever reason, is not paid by the Owner for such work. Subcontractor further agrees that the liability of the surety on Contractor's payment bond, if any, for payment to the Subcontractor is subject to the same conditions precedent as are applicable to the Contractor's liability for payment to the Subcontractor."
Absolutely not, you can still lien the Project, but be careful of time constraints, etc. If you need any assistance, please advise, I can be contacted at abrown@wbgllp.com.