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when am i required to provide a conditional lien waiver?

i am a subcontractor and have served the owner (in California) with a preliminary notice. I have not billed for my charges yet, but the general contractor and the owner are asking for a conditional waiver from me as a condition for the owner to pay the general contractor. Am i required to provide the conditional waiver before i invoice? if not, should i provide it anyway?

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Dec 5, 2019

When you get paid for services rendered up to the date of payment, you are required to provide a conditional release upon progress payment. When the check clears, you are supposed to provide an unconditional release upon progress payment. Then upon final payment, you provide a conditional release upon final payment followed by an unconditional release upon final payment.

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Dec 5, 2019

Thank you, but this answers a question that i did not ask. again, my question is as follows: I have not billed for my charges yet, but the general contractor and the owner are asking for a conditional waiver from me as a condition for the owner to pay the general contractor. Am i required to provide the conditional waiver before i invoice? if not, should i provide it anyway?

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Dec 5, 2019

You are not required to provide the conditional release until you invoice. Typically it is submitted at the same time. By its terms, the release is contingent upon payment.

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