We are working on a Municipal job and the GC has asked us to sign a Conditional waiver on our pay application for retainage . If we sign that would we still be able to file a bond claim for the retainage?
We are the Painting Subcontractor all work is done we have done punch list, and turned over spare parts. we have been paid every other billing and have now requested retainage and they are asking for a conditional waiver.
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For a little more background on lien waivers and Texas' retainage rules, here are some great resources:
(1) Unconditional Lien Waivers vs Conditional Lien Waivers
(2) Texas Lien Waiver Overview
(3) Should You Sign That Lien Waiver? The Details Are Important.
(4) Texas Retainage Overview