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Lien Waiver on Final Payment

CaliforniaCollections

I have a client that are not willing to pay us unless we reciprocally exchange check for unconditional release on final payment. We are located in California and I know that a Unconditional release will leave us without any rights if the check doesn't clear the bank. Are we allowed to add under Exceptions a note that states that this release is only valid upon funds positive deposit or something along these lines? thank you. Monica msafarik@icsinc.tv

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Apr 19, 2022

k

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Apr 19, 2022

I am very confused by your response Kire' Jackson...

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Apr 21, 2022
You can give the owner a "Conditional Release" with your invoice. You can find the form at CSLB.CA.GOV. Once the homeowner makes payment via check or electronically, the owner should have sufficient evidence to protect themselves if they still have concerns. Of course, after the check clears you should send them the unconditional release. If that isn't good enough for the owner, then you should contact a construction law attorney.
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