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I am a Homeowner Contractor Refusing To Sign Lien Release

I have had nothing but trouble with this roofing contractor. I finally have decided to pay them despite their not correcting the issues and they are refusing to provide me with a lien release. If I am paying the invoice amount in full, should I really be concerned about the lien release?

1 reply

Jan 18, 2019

That's a good question, and personally, I think that's the right way to think about it. When payment has been made in full to a potential claimant, that would-be claimant will no longer have the ability to file a lien. Thus, once full payment has been made, obtaining a final unconditional lien release might not be necessary. However, the reason why most parties will demand a final unconditional waiver is that, if that potential claimant does end up filing a lien, an owner holding an executed final unconditional waiver is the best proof that no further payment is owed. Where a potential claimant doesn't want to provide a final unconditional lien waiver, it might be easier to meet in the middle and exchange a final conditional lien waiver - plus, once full payment has been made, a conditional lien waiver is just as binding as an unconditional one. For more information on California lien waivers, the following two resources should be helpful: (1) California Lien Waiver FAQs, and (2) The Ultimate Guide to California Lien Waivers.

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