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Good through Dates

2 weeks ago

Would a “good through” or “paid through” date be based on the invoice date or do date of said invoice?

Example: Invoice date is 1/15 and due date is 2/10… would the good through date on this unpaid invoice be 1/14 or 2/9?

Chief Legal Officer Levelset
52 reviews

Generally, with respect to lien waivers the dates of the invoices themselves (whether due dates or invoice delivery date) are not what actually matters.

A lien waiver is like a receipt for payment, and works to waive lien rights with respect to a certain amount of money paid (or promised to be paid). Since waiving lien rights means a party is giving up the statutory protection of a mechanics lien for some amount, that amount should be limited to the amount actually paid.

This means that, generally, the “through date” on a lien waiver would apply to the the date through which the work subject to the payment was provided.

For example, if:

  1. work was performed on a project from January 1 through February 1;
  2. an invoice was created, dated, and sent on January 17;
  3. that invoice was due on February 1;
  4. the value of the invoice was for only for the work  or materials that were furnished between January 1 and January 15, then
  5. the “though date” on a lien waiver would generally be January 15.

This can be very important for a potential lien claimant, and in fact, is a common mistake to watch out for when creating a Florida lien waiver.

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