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Conditional Lien Waiver

OregonLien Waivers

We are a general contractor with a client requesting Conditional Lien Waivers from our Subcontractors at each progress billing. Conditional Lien Waivers have the amount paid to the subcontractor listed. It seems odd that we would tell our client what we paid the subs for work. Any info is greatly appreciated.

2 replies

Nov 10, 2020

That's a great question! It is not bizarre for a property owner to request lien waivers from ALL parties on the project. If the preliminary notice informed the property owner of who they need to get lien waivers from, the next logical step for the property owner is to actually get those waivers! In addition, it is not atypical to ask the GC (you in this case) to collect lien waivers from every single participant on the project, even the ones that they did not hire directly. 

Keep in mind, if a signor of a conditional waiver does not end up getting paid, then the waiver will be invalid and enforceable. Therefore, the property owner would be in danger of having a potential mechanics lien filed against the property. 

If you are a GC that is collecting conditional lien waivers, it might be a good idea to attach proof of payment. 

I hope that helps! 

1 person found this helpful
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Nov 10, 2020
Conditional Waivers list how much we paid the sub, so the client will know what our costs are?
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