Menu
Home>Levelset Community>Legal Help> What would be my next step if I refuse to sign an unconditional release before being paid?

What would be my next step if I refuse to sign an unconditional release before being paid?

Florida

We are a subcontractor on a commercial project with a GC who is demanding we sign their unconditional release without us being able able to add the following. “Pursuant to Florida Statutes § 713.20(6), this waiver is conditional and effective only when the claimant receives actual payment of the amount specified on this form.”

2 replies

Jul 8, 2022
Unless your contract provides for a particular waiver and release of lien, the statute says that you cannot be required to sign anything other than the statutory form.
0 people found this helpful
Helpful
Jul 9, 2022

It's pretty simple, actually. You provide the lien release with the conditional language. If the GC refuses it, tell them that's fine, in 30 days if I'm not paid I will be filing a lien.  

It is possible your subcontract may require an unconditional release as a condition of getting paid, but that would be unusual. If you are unsure, consult an attorney on your lien rights and how best to protect them.

0 people found this helpful
Helpful