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Is the released amount on a calif. cond progress waiver a cumulative amount to date or is it the amt. of transactions fr

California
Anonymous Contractor

Material supplier, Calif. Gave cust. cond. prog. release, the amt. listed was a total of all invoices outstanding. Customer has asked me to re-do it and list the amount of September transactions only. Can this be done, & have I been doing releases incorrectly for 20 years? Thank you! Pam

1 reply

Attorney at Carlton & Alberola
| 93 reviews
Oct 9, 2020

The sum of conditional release is for the amount of the progress payment. That said, the release says that "This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. " Thus, if there is money due and owing for work, labor, etc., prior to the date of issuance of the conditional, it needs to be noted on the conditional under the exceptions.

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