I am a sub on a project, in which we have billed this project in full as of December. I have provided the GC with the requested conditional final for the final invoice, however, we still have an outstanding November invoice for $6k, which I have listed in the exceptions section of the conditional final release. The GC has rejected my release and is requesting that I resubmit with the exceptions section for $0.00. I want to make sure that I am not waiving my rights to the unpaid November invoice amount of $6k by leaving the exceptions section as 0.00 on the conditional final. Can you please let me know if outstanding progress invoices should be listed in the exceptions section on a conditional final or not?
You do not need to list outstanding invoices in the conditional final as exceptions as it is not effective to waive you lien rights unless you are actually paid. With respect to the conditional waiver, the outstanding invoice should be included in the conditionally waived amount to reflect that it is still due but will be released upon payment. If you are issuing an unconditional final waiver, you should list the outstanding invoice in the exceptions. As the unconditional waiver should only be issued for amounts that you have actually received payment for.