I'd like to know what the statue states about my rights. I've requested a final conditional release for residential project. They came back stating the following: " Because the proposal does not state a Conditional waiver is required prior to payment being released, XXXXX will stick to its standard practices and release a Conditional Waiver for Progress Payment after receiving the payment requested. If you wish to pick up the Conditional Waiver and deliver payment in full (InvoiceXXX & XXX) XXX can then issue a Conditional Waiver for Final payment." Could I still request a conditional even though it was not in the proposal?
You can request whatever you would like and if they give it to you, that's awesome. To determine what they are likely to give you and why, see the following:
1. Unconditional lien waiver on progress payment - Job is not complete but progress payment has cleared the bank or is in cash.
2. Conditional waiver on progress payment - Job is not completed and check has NOT cleared the bank and payment is not in cash.
3. Unconditional waiver on final payment - Job is complete. Check has cleared the bank or payment is in cash.
4. Conditional waiver on final payment - Job is completed. Check has NOT cleared the bank or payment is NOT in cash.
Think about it from the contractor's perspective. Figure out whether the job is complete and if the funds you are paying them are certified funds, cash, or regular check.
E. Aaron Cartwright III