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Can a customer legally use a signed lien release (ROL) to prevent us from placing a lien if they do not pay?

MarylandLien Waivers

We are a mechanical contracting vendor. Sub to a sub-contractor. It’s common to sign lien releases before getting paid.

3 replies

Sep 25, 2020

Yes. But it depends on the type of lien waiver/release that's being executed. In scenarios such as this, i.e. providing a conditional waiver is the best way to ensure you are paid. They are just as valid and enforceable as an unconditional waiver; except for one key difference. Conditional waivers are not effective until payment is made. As opposed to unconditional waivers which are effective upon signing. For more on the distinction between the two, see: Unconditional vs. Conditional Lien Waiver and Releases Here are a few additional resources you may find helpful:

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Sep 27, 2020

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Sep 27, 2020

In nearly every state of the union, a release is perhaps the strongest defense to a mechanic's lien. Moving forward, it is aboslutely imperative that you mark-up the form releases you receive to indicate that the release is contingent on receipt of the funds.

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