On this commercial AIA project since Jan, standard AIA stuff we've seen before, including the conditional lien waiver. Now they want an unconditional waiver in order to get our first payment (after 2 other subcontractors have recently damaged the work we've done and had to fix/ redo). I would like to stop all work on this project, but I know I can't :-( What are my options? Thanks!
This may be a bit of a business decision. I hesitate to get in to too much detail, as this is a public forum. Legally speaking, the "conditional" versus "unconditional" portion of the lien waiver speaks to whether you have been paid already or not. Conditional waivers are typically used when you give the owner/GC the waiver before being paid. Undconditional waivers are often used in simultaneous exchange for payment or at the end of a contractors work on a particular project. You could request a change order necessary to repair the damage, but in this instance, the owner and GC will probably take the position that they did not damage your work and are therefore not responbile for it and that you should take your payment and then go after to offending subcontractor that damaged it, if you can figure out who did it. I'm not saying that the owner/GC is correct in this regard, especially the GC who has project oversight responsiblity and a duty to protect the work as it is completed.
I'm not sure why you want to stop work on the project, but I'm happy to discuss this issue with you further directly. There will be no charge for this initial consultation.