We use a combination Conditional/Unconditional waiver form.
If there has been no payment received, is it necessary to complete the unconditional section of the waiver? Leaving it blank?
1 reply
Aug 13, 2020
First, keep in mind that Oregon doesn't set out strict lien waiver rules like some other states do. So, ultimately, it's up to the parties to sort out what lien waivers will be used and when they'll be exchanged.
With that in mind: You're entitled to submit whatever waivers you'd like, whenever you'd like to. If your customer has specific waivers they prefer to use, they may use payments to leverage you into submitting their preferred waivers.
Just note that once an unconditional lien waiver is given, that waiver is effective - regardless of whether payment has been made or is ever made. So, if you'll be providing them with a waiver before payment is made, it's usually a better idea to utilize conditional lien waivers. And, filling out an unconditional waiver before payment is received is generally not advisable.
For more discussion on Oregon lien waivers: Oregon Lien Waivers Guide and FAQs.