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Release of retainage even though we have lien on property?

TennesseeLien WaiversRetainage

We have a project here in Davidson County / Nashville that we have filed a lien on for non-payment. Today the contractor sent over a lien waiver and a consent of surety to release retainage, whereas we are still awaiting payment on 2 progress payments. I think this is a ploy for the owner to side step TN retainage law penalties. I am inclined not to sign because the waiver has wording such as "the undersigned waives and releases any and all liens it has upon the foregoing described property to the extent of the payment received." Thoughts?

2 replies

Dec 29, 2022
Hi Daniel, while you wait for an attorney response, check out this article that addresses your question: You might find your answer there.
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Dec 30, 2022


What reason’s does the GC say about the nonpayment? Is it disputed? I would like to see a copy of the lien waiver. I assume it does not state the total amount you're owed.


Let me know. Feel free to give me a call.

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