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Exception Release Date

CaliforniaLien Waivers

Is the date of the outstanding balance on the exception of a conditional progress the date it was executed or the through date?

3 replies

Aug 20, 2019
I have seen it done both ways as claimants find confusion with the fact that there is no date field in the 8132 waiver and release form. Notwithstanding this, it seems that the Legislature meant for the claimant to insert the previously provided date(s) of the waiver and release with the corresponding amount of each such previously provided waiver and release. To be clear about this, I also like adding a reference to an attachment that clearly lists what is not being released, sometimes attaching the statement of account and/or the actual unpaid invoices. —-Chris (NOTE: The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. The content contained herein is published online for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. This posting does not create any attorney-client relationship and is neither intended to constitute an advertisement nor a solicitation).
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Aug 20, 2019
Apologies, I am still unsure of which is correct. Should it be the through date? -Deven
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Aug 20, 2019
There are several approaches, but I would just do both, for example, Waiver and Release Dated July 2, 2019 (Through Date June 30, 2019). Don't forget to indicate the unpaid amount of that Waiver and Release below that.
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