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Should we sign the unconditional waiver?

CaliforniaLien Waivers

Our company had 2 progress payment applications open for a project with a general contractor. One progress payment is through October and the other through December. They just paid our December invoice but are holding our October payment until some fixes are made on the job. They sent us an unconditional progress waiver to sign with the through date through December. Should we sign this if we still have not been paid for October? If we sign it, is our October payment still covered with the wording on the waiver's exceptions below? "This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment." How should we proceed? Thank you.

1 reply

Jan 31, 2020
You should specifically add to the exceptions the October payment, invoice number, and amount. That way it is clear that your payments rights with respect to this unpaid invoice are not being waived.
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