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Unconditional waiver and release forms and mechanics lien on property

California

Hello, I’m currently in contract with a contractor. A lot of payments have been made already and am requesting the contractor to provide a signed unconditional waiver and release form from each of the subcontractors and materials suppliers. Is there a deadline as to when they have to provide those? Can I stop payment until I receive those signed forms for work done by subcontractors and materials suppliers? Can contractor file a mechanic’s lien on the property if they don’t provide those forms that I need before writing the next installment check?

2 replies

Apr 25, 2020
Typically you exchange a check with a direct contractor for conditional (not unconditional) waivers/releases encompassed by that check. If you have already paid your general contractor for services/materials/equipment for which you have not received conditional releases, you could stop payment or simply demand them before agreeing to pay any further monies on the job. Yes, a GC can lien the property whether or not the GC has provided conditional or unconditional waivers/releases. Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com.
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Apr 27, 2020
The requirement is reasonable. Problem is you should have included this in your contract with the general at the time you were contracting. If you do not get the release make the check jointly to the material house and or laborers if feasible.
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