when a subcontractor files a pre lien, and the GC wants us to provide a Lien release, do you go back to the same date the prelien was filed ? or before ?
Waivers and Releases of lien rights are controlled by statutes found in Civil Code Sections 8132 through 8138. On progress payments, subcontractors should provide a Conditional Waiver and Release on Progress Payment (Civil Code 8132) with each application for payment. After payment is received they should submit an Unconditional Waiver and Release on Progress Payment (Civil Code 8134) being careful to make the "through date" back to the last day of work covered by the payment application. If you have questions about which release forms should be submitted, you should retain a qualified construction attorney.