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Unconditional Waiver and release

Anonymous Subcontractor

My contractor has added this to the bottom of there waiver. This document waives rights unconditionally and states that you have been paid for giving up those rights, this doc is enforceable against you if you sign it even if you not been paid. use a conditional release form. What does this mean to me?

1 reply

Alex Benarroche

Construction Lawyer

Levelset Admin at Levelset

| 335 reviews

Jun 30, 2020

There are two main types of mechanics lien waivers, conditional and unconditional lien waivers. It appears that the waiver in question is an unconditional one, and is advising you of your rights. Lets breifly break down the difference between the two. Unconditional lien waivers are valid and effective at the time the waiver is executed. In other words, once you sign an unconditional waiver, you have waived your lien rights. Regardless of whether payment has been received or not. Your signature effectively waives your rights. Conditional lien waivers on the other hand, are always the safer option. They are just as valid and enforceable as an unconditional waiver, with one key difference. The validity is conditioned on payment. This means that even if you've signed the waiver, it will not waive any lien rights, until the payment is deposited in your account. We always recommend using conditional lien waivers to ensure you receive payment in exchange for you waiver of rights. For more information see:

NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...

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