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Unconditional waiver and release on progress payment

Anonymous Contractor

I paid my contractor progress payments but they haven't paid the sub or supplier. Can I withhold the next payments if I haven't received an unconditional waiver and release on progress payment for the amount I already paid?

1 reply

Andrew Carlton

Construction Lawyer

Legal Guard Lawyer

Attorney at Carlton & Alberola

| 93 reviews

Apr 29, 2021

To the extent you have received 20-day prelims from your contractor's subs/suppliers, you should get conditional waivers/releases from each of them, to the extent the check being paid covers their work/supplies, and then unconditionals from them when the check clears.

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