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Home>Levelset Community>Legal Help>We are the subcontractor to a project The supplier prelimed a job in August The GC is asking for a release for July from that same supplier The Supplier is refusing to supply the release since they didnt provide material until August Is the supplier required to supply a release for a month they didn't have material on the job?

We are the subcontractor to a project The supplier prelimed a job in August The GC is asking for a release for July from that same supplier The Supplier is refusing to supply the release since they didnt provide material until August Is the supplier required to supply a release for a month they didn't have material on the job?

ColoradoLien Waivers

We are the subcontractor on a public job.

1 reply

Sep 13, 2018
That's an interesting scenario. For one, if nothing was ever owed or paid to the supplier for the month of July, it's a little odd that a lien waiver is being requested of them for the month of July. On the other hand, if nothing was owed for the month of July, it's also odd that the supplier will not supply a lien waiver specifically for the month of July. Of course, if the lien waiver called for the waiver of any rights not associated with the month of July, it would be completely natural for someone to refuse to provide the waiver. Whether or not the waiver is "required" will be a matter of situation rather than statute. Meaning, the Colorado lien statute does not appear to mandate that a lien waiver must be exchanged at all - much less for a month during which no work was performed. However, a contractor may still refuse to budge until their demand for a lien waiver is met. It's unfortunate, but he who controls the money also controls the power. Bringing the contractor and the supplier together to discuss the issue could go a long way here toward resolving the dispute. If that's ineffective, proposing the use of a conditional waiver might be more agreeable for both parties. Good luck!
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