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Should I document attorney fees in the "exceptions" area as maybe contracts rights on the Conditional Final Form.

CaliforniaLien Waivers

Hello, I signed a conditional final for the exact amount owed for time and material. Where on the form do I include the amount owed for collections or attorneys fees. Should I document this in the "exceptions" area as maybe contracts rights and include the amounts owed? Please advise, this is confusing to me because in California you are not allowed to include attorney fees in mechanics liens.

1 reply

Dec 10, 2020

I always prefer to be clear when it comes to final (whether conditional or unconditional) releases so it cannot hurt to specifically carve out your claim for any contract rights (including interest or service charges that may remain due) as well as attorney's fees. It cannot hurt. This is most important on the unconditinal form since it contains the sentence "[t]he Claimant has been paid in full" which could act as a release or waiver of contract rights.   

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