Basically, we had a GC hire small subs, I can't keep track of. In short, we don't have all the lien waivers from the subs. The GC says some of the guys are small (residential) and he is having trouble tracking them down. He (GC) is now threatening to file a lien, even though he doesn't have the conditional lien waivers from the subs...so I technically don't have to pay him. BUT, we want to get this over with, so we are thinking about just getting the FINAL unconditional waiver from the GC, (in which he will have to attest to having paid or to pay the rest of the subs). My question is what does that FINAL waiver from the GC do for me if he lies and doesn't pay one of his subs???
The short and simple answer here is that an unconditional lien waiver from the general contractor does not prevent a subcontractor from filing a lien against you. To prevent the subs from being able to file a lien, you will need a signed written waiver from each sub.