Im trying to get first draw on project . GC is requesting i send them 2 lien waivers . 1 is a subcontractor supplier lien waiver 2 is a subcontractor interim waiver and release upon payment . GC is requiring these waivers before payment . GC waivers are off Georgia lien waiver laws but job is in Louisiana. What do i do.
Before releasing interim payments, it is not uncommon for a General Contractor to require a subcontractor to provide both (1) lien waivers from lower-tier subcontractors and suppliers and (2) a conditional, partial waiver by the subcontractor. These forms should be consistent with the subcontract language and the applicable state law. If you have any questions about the language in the form, you should obviously consult with an attorney as the waivers may have significant legal effect.
This is a peculiar situation, and may require a conversation with the GC. As Benjamin mentioned, the forms and language should be consistent with the applicable state laws where the project is located (LA). Louisiana doesn't regulate the form and content of lien waivers , therefore the general contractor and/or property owner can use any form they want.
That being said, Georgia has a particularly unique lien waiver process that requires claimants to file an Affidavit of Nonpayment to stop the waiver from converting to an unconditional waiver, if the amount listed in the waiver isn't paid within 90 days. Furthermore, the GA waiver forms contain statuory references and the aforementioned Affidavit of Nonpayment mechanism stated in the notice language on the form; which in Lousiana would not operate in the same fashion as they are meant to in Georgia, and could jeopardize your lien rights if unpaid.
This article may help explain some of these intracies to the GC:
Good luck!