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Posted Feb 10th, 2012
My question is in reference to contracts, liens and lien waivers.

Additional Details:
I am a sub contractor that was contracted by the General contractor of a commercial construction
job. The GC had me sign a partial and final lien waiver along with the contract prior to starting
work. The job was completed in November of 2011 and I just now received a partial payment of 90%.
The GC told me that I must sign another lien waiver if I want the 10% retention / remainder of pay.
I should also add that the GC states that the original lien waiver I had signed and notarized had
the wrong amount written down. When I signed the original lien waiver I included a change order for
some additional work that was approved by their site superintendent. The GC told me that the change
order wasn¿t approved because I didn¿t get it in writing from anyone on site. I should also
mention that the work was done in another state but the GC is based in FL, what are my options?
Legal Topic Area: Business Law in FL

As a general matter, a subcontractor should not execute a lien waiver unless and until the subcontractor has been paid. The purpose of the waiver is for you to forego your right to file a mechanic's lien on the job because you have already been paid. If you haven't been paid, you have several options: (a) lien the job until you are paid in full; (b) sue to recover the unpaid balance; (c) do both; or (d) negotiate for full payment while withholding the lien waiver.


Answered on Feb 10th, 2012 at 11:08am