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Should I send a final lien waiver before receiving a check

Kentucky
Anonymous Contractor

I’m a contractor in Kentucky and did a remodel job on a residential property. The owner wants me to send a final waiver and then wants to send a check after he receives it. Should I do this?

2 replies

Attorney at Law Offices of Margie Lynn Loeser
| 10 reviews
May 12, 2022

No. You should send a conditional lien waiver. This would say something like, “upon payment” of the amount, you release your right to file a lien on the property. Assuming it is an owner-occupied residential property and none of your subcontractors and suppliers have already given the owner Notice of intent to file a lien, once you are paid the owner will be protected from a lien filing (KRS 376.010(4) ).

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Scott Seng
May 13, 2022
Thank you very much for your advice.
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