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What date to put in the Exceptions section

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Anonymous contractor
Oct 6, 2020

Hi -- One of the contractors we do work with is asking us to revise a Conditional Waiver on Progress Payment. Specifically what they are asking is that in the Exceptions section, the date indicated be the through date of the invoice associated with the waiver issued, not the date that the waiver was issued. For example, if we have an unpaid invoice dated 9/8 for work through 8/30, they want the date in the Exceptions section to be 8/30, not 9/8. We've never had a contractor make this request, and frankly I'm not confident that this particular contractor knows what they're talking about, so I want to make sure this is a valid request that won't put our firm at any risk. I can be reached at mdegood@bcf-engr.com or 559-326-1400. Thank you in advance for your assistance. Michele

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Anonymous contractor
Oct 6, 2020

The CA conditional progress lien waiver calls for the date of prior waivers which have gone unpaid, not for invoice dates or work dates. The purpose of this section is to identify the specific waiver that's not been paid, as indicated by the label for that subsection "Date(s) of waiver and release." If this field were supposed to be something else, then the legislature could have noted that with a clear label.

So, generally, the date that the prior (unpaid) waiver was submitted should likely be included in the Exceptions section - not the dates of the work period or the invoice. With that being said, it's probably possible to include both the waiver date and the work dates for ultimate clarity. For example, a claimant could state something like "Waiver on [Waiver Date] for work done between [Begin Date] and [End Date].

Admittedly, though, a CA attorney may have more experience with specific waiver requests from customers and how to navigate them. For further dicsussion on how to fill out CA conditional progress waivers, and for more information on California waivers in general: (1) Partial & Conditional: Guide to California’s Lien Waiver & Release; (2) Guide to the California Lien Waiver and Release | Includes Free Forms ; and (3) California Lien Waivers Guide and FAQs.

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