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Must we release a Stop Notice prior to payment?

We served a Stop Notice on the GC. Stating that in order to pay us we have to release the Stop Notice so that the funds will be available to pay us.

2 replies

Sep 4, 2019

No, you do not have to (and probably should not) release the Stop Payment Notice prior to payment. In fact, it is much safer to present a Conditional Waiver and Release and a DRAFT unsigned copy of the Release of Stop Payment Notice to the GC, advising the GC that you will present the original upon clearance of the payment.

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Mar 10, 2020

I wanted to follow-up and confirm you’ve been paid on this project matter.

If I can further assist your company with any unpaid invoices, please feel free to call or email. My firm can collect for you even when lien rights have expired or were never pursued.

Mike Ross Miller, Ross & Goldman mross@mrgpartners.com (512)275-6412 Direct https://www.mrgpartners.com/levelset

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