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Conditional Waiver from Subcontractor

ColoradoLien WaiversPrompt Payment

on Public Works projects in Colorado can General Contractor hold sub pay until conditional waiver for the payable amount is received?

1 reply

Nov 17, 2020

Unless conditional lien waivers are specifically required (under your contract) before payment, then no - conditional waivers shouldn't be a mandtory prerequisite to getting paid. Granted, that doesn't mean that your customer won't threaten to withhold payment until a lien waiver is in hand - and that can turn into a standoff. In which case, it'd likely come down to a business decision when deciding whether to hold your ground and see what happens, or to relent and provide a conditional waiver, as requested. 

Keep in mind, though - conditional waivers shouldn't waive any rights until payment is in hand. So, there might not be much risk in providing one, especially when working with a trusted or at least familiar customer. Levelset discusses why conditional waivers are used in these situations, here: Do I Have to Sign a Lien Waiver to Get Paid?

If you do decide to provide your customer with a lien waiver, Levelset has free downloadable CO lien waiver forms here: Free Colorado Lien Waiver Template & Forms. Additionally, this article will be useful for deciding which waiver forms to use: The Ultimate Guide to Lien Waivers in Construction.

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