We are starting to do several large projects for an investment company on a recently purchased apartment building. They have a construction loan on the project and they are asking me to execute Conditional Progress payment lien waivers prior to even having a NOC recorded. There would be 3 to 4 payments for each project. They will have the check numbers on the lien waiver and the amount of the check. They are telling me that the bank that they have the construction loan with is requesting these prior to releasing the funds to them so when it is time for me to receive the draw from them, they will already have the funds in their procession. I'm very leary of doing this, but my husband (the GC) is pushing me to do this. We are in Florida.
I would not pre-sign lien waivers, even if they will only be conditional. I've never heard of a bank or general contractor requiring this. To the extent this is a contractual requirement, it would likely be void under Florida law, because contracts cannot require a waiver of a lien in advance. Feel free to reply with other questions or information.