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Is an unconditional waiver for each progress payment cumulative, or a seperate amount per payment?

California

I work for a general contractor and our client is requesting waiver and release for progress payments. I would like to know if this should be cumulative as of a certain date, or a separate form for each payment.

2 replies

Sep 30, 2020

Generally a lien release will either release through a certain date or a certain amount of money. It depends on the terms of the lien release. Whether it is cumulative or not also would depend on the terms of the release. Depending on the amount, you may want to consult with an attorney to ensure you're not giving up more than you need to when executing a release.

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Oct 1, 2020

They’re not supposed to be cumulative. You should be giving the homeowner a Conditional Waiver & Release Upon Progress Payment for each payment. Once the payment clears your bank, you can give the homeowner an Unconditional Waiver & Release but many homeowners don’t ask for an Unconditional. When you are getting the final payment, you can give the homeowner a Conditional Waiver & Release Upon Final Payment, followed by the Unconditional Final after the final check clears if the homeowner requests it.

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