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Should Conditional Progress Liens have the full amount of the invoice if retention is being taken out from the invoice?

CaliforniaLien Waivers

When Submitting our billing we fill out our Conditional progress waiver with the amount of the Invoice after we take out Retention. For example. If we have a $300 invoice with 10% retention being withheld we submit our Conditional Progress waiver for the Amount of $270.00. Should we be submitting our Conditional with the FULL inv amount or with the amount after retention is taken out?

1 reply

Apr 6, 2022

The statutory form under Civil Code section 8132 expressly states that a conditional release does not affect the amount of retention. To be extra careful, you can list the amount that is due, i.e., $300.00, less $30.00 in retention, so there is no ambiguity. Always be sure to use the statutory forms.

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