I liened a job awhile back, the GC just emailed a lien waiver, says he will release payment after I send it back, I almost feel like I should not, they were not responding to me before. What can I do to protect myself and assure payment, I usually get a copy of the check sent to me before notarizing waivers but they havent sent one.
There is a good chance your contract requires you to sign/furnish these waivers as a condition of getting paid….so it is not unusual to furnish a typical lien waiver prior to getting paid.
The waiver/release will not be enforceable unless you get the payment referenced in the waiver itself….so if they fail to make payment after you sign, the waiver and release language will not bar you from going after them to recover the amounts they owe you (just make sure the waiver accurately reflects the amount they owe you)
If you have any outstanding claims for extra work etc. then you must reserve your rights to get paid in writing , either on the lien waiver itself, or in the transmittal letter you send along with the waiver.