We are an A&E firm working on a large commercial shopping center. Our client is behind on payments so we are filing a lien. The client has requested a waiver, and we're not sure if a waiver can benefit us in any way. We are inclined to ignore the request, but will a conditional/unconditional waiver help us in any way? We are prepared to release the lien once the project is finished and we have been paid entirely.
Providing a conditional waiver will give your client comfort that your lien rights will be waived when you receive payment. I wouldn't hesitate to provide a conditional lien waiver listing the full amount you are owed. However, don't sign an unconditional waiver until you have been paid. If you record a lien, make sure that your work is complete before recording the lien because otherwise the lien will be premature.
Typically it's beneficial to complete a CONDITIONAL waiver and release submitted with your invoice, as it confirms if you are paid for what you invoiced then you won't be filing a lien based upon what you have been paid. Shows you gave the owner another opportunity to avoid a lien being filed. Only submit unconditional invoices for what you have been paid.