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Good evening, the contractor agreed to sent payment but he wants me to signed an unconditional waiver before payment

Florida

The company refused to pay us for our services, so we sent notices to intent to lien and notice to owners along with negative google reviews. He contacted me today and said he will send payment once the Unconditional lien release is signed notices to owners are retracted and negative reviews removed. but if I signed the lien release I wont be able to file a lien in the future, what if he doesn't send payment or what if he sends a check and it bounces ? I appreciate any advise This is what he specified in the email: "Attached is the lien release, I will release the payment of $XXXXXX once the lien release is completed and returned, all negative reviews are removed from all social media sites, and all notice to owners are retracted. (Company Name) , Inc. will immediately release payment once all the above is met as we discussed and agreed on while one the phone." and this is the verbiage of the unconditional lien release: - UNCONDITIONAL Waiver for FULL Payment This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full. Thank you,

3 replies

Nov 30, 2022

We can only offer general information in this format. As with any contract situation, the details matter because the profit is in the details. A lien waiver is a form of a contract. The language in a "standard" lien waiver can vary. Regardless of the title of the lien waiver, its terms and conditions should align with the purpose and intent of the parties - precisely framing the expectations. It seems your situation also includes settlement terms that go beyond payment issues. There are precise provisions that can be included to address receiving payment as a condition of a release and address other issues that are likely present. I invite you to contact me or another attorney of your choice to discuss the specifics of your situation.    

Steve Schinker/Essential Counsel, LLC /303-319-2924/steve@essentialcounsel.com

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Nov 30, 2022

Thanks for the info I will try to figure it out for more.

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May 18, 2023

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