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in florida should I give an unconditional lien waver if the contractor is still holding retainage

FloridaLien Waivers

I am a sub contractor. The GC is asking for an unconditional lien waver but they are not including retainage in their payment

1 reply

Jun 8, 2018
Because Florida doesn't really have a statutory scheme regulating the release of retainage, this hand off can be a little tricky. Unlike many other states, Florida doesn't appear to have a specific method for recovering retainage payments. So, when those payments are not forthcoming, they'll have to be recovered some other way (such as via mechanics lien or legal action). If a final unconditional waiver is submitted, the right to file a lien for retainage amounts will no longer be present. Of course, a partial unconditional waiver that excludes amounts retained could unconditionally waive all lien rights other than retained amounts. Another option, if acceptable, may be to try and utilize a final conditional waiver, conditioned upon the receipt of all payments.
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