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Final waiver and release of lien

FloridaLien Waivers

Does this document protects the subcontractors also? Contractor is refusing to pay so builder is the one doing the check and asked to me sign this Final waiver and realease of lien for final payment The undersigned in consideration of the sum of 38,000 hereby waives and releases its lien on the job.. This released is conditioned upon payment and clearance of check # dated on. It has to be signed and notarized I just want to make sure this form would protected me.

1 reply

Aug 19, 2020
Generally, lien waivers shouldn't be looked at as "protection" documents. Rather, they're more like receipts for payment. Though, it's common for contractors, subs, and suppliers to provide a conditional lien waiver in anticipation of payment - but those conditional waivers won't be effective until payment has been made. Based on the text you shared above, it sounds like the waiver you've been given is a conditional waiver that's not effective until the particular check clears. So, if the amount matches up with what you're owed, then it might be safe to sign a conditional lien waiver before you've been paid. However, since I don't have the waiver in front of me, and since I'm not able to give you legal advice, I can't say for certain. Having a local FL construction lawyer review the waiver could provide some certainty on that point, though: Top Florida Construction Lawyers. Regardless, you can find Levelset's Florida lien waiver forms here (including conditional lien waivers): Florida Lien Waivers Guide and FAQs. These should be helpful, too: (1) Florida Lien Waiver Forms & Guide – All You Need to Know; and (2) Unconditional Lien Waivers vs Conditional Lien Waivers.
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