i remodeled a accident attorny's kitchen and did some rememdiation on a water claim he had. Now he want s me to sign a lien to get paid for what he owes me. Is this a safe thing to do?
Jun 27, 2018
You're right to be cautious about signing unfamiliar documents on a construction job. However, it's entirely common to exchange lien waivers for payment. In fact, that's why they were created. When a lien waiver is exchanged for payment, think of it like a receipt. That lien waiver is a way for a worker to state they have been paid a certain amount, and in exchange, that amount may no longer be liened. Note, however, that there are different types of lien waivers for different situations. If final payment has been made, a final waiver may be in order - meaning, a claimant waives all of their lien rights for a given project. If more payments are to come, a partial lien waiver might be more appropriate. A partial lien waiver only waives some portion of a claimant's lien rights, and exactly which portion is waived is indicated on that waiver. Further, final and partial waivers can also be conditional or unconditional. When a waiver is conditional, that means it is conditioned on the receipt of payment. If no payment is received, no lien rights will be waived. An unconditional lien waiver waives lien rights unconditionally. That means, once the waiver is submitted, lien rights are waived immediately - regardless of whether payment has been made. Thus, we're left with 4 different types of lien waivers: Partial Conditional, Partial Unconditional, Final Conditional, and Final Unconditional. Determining which one to use can be a challenge. For a little more in-depth breakdown, along with free downloads of all 4 Florida lien waiver forms, try out this article: Florida Lien Waiver Forms and Guide - All You Need to Know.
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