I'm an electrical subcontractor working on a multifamily residential project in Denver, CO. I received a check for a partial payment owed. The total owed to us is $7,000, for which I have sent out a notice of intent to lien. I received a check for $1,700. The back of the check has stamped "Mechanic's Lien Waiver" and the contractor has emailed me claiming that that is the total he owes and is willing to pay. Wording below it says "By endorsing this check, payee waives and releases any mechanic's lien rights which payee may have with respect to work performed or materials furnished by payee for which payment is made by this check" Then a signature line below. Can I cash this check without signing the lien waiver? Can I sign the waiver but add a line that it only covers invoices through a certain date? Or do I risk my rights of my lien?
A lien waiver is for all amounts owed as identified in the date of the waiver. Without asking any more questions, it sounds like you are waiving the right to pursue further money.
Jim