Home>Levelset Community>Legal Help>If the lien waiver states all materials supplied as of release date of 4/30/18 must have been paid in full but the subcontractor only supplied the amount paid as of 4/30/18 but all invoices up to 4/30/18 were not paid, does that (if signed) waive lien rights for the material not paid up to the release date?

If the lien waiver states all materials supplied as of release date of 4/30/18 must have been paid in full but the subcontractor only supplied the amount paid as of 4/30/18 but all invoices up to 4/30/18 were not paid, does that (if signed) waive lien rights for the material not paid up to the release date?

PennsylvaniaLien Waivers

If the lien waiver states all materials supplied as of release date of 4/30/18 must have been paid in full but the subcontractor only supplied the amount paid as of 4/30/18 but all invoices up to 4/30/18 were not paid, does that (if signed) waive lien rights for the material not paid up to the release date? The bottom of the form shows the correct amount paid through the 4/30/18 release date. Does it go by payment through release date or material supplied through release date?

1 reply

May 8, 2018

That's a really good question. The through date represented on a lien waiver indicates a sort of cut off date, like you'd hinted at above: lien rights prior to that date are waived. However, by utilizing the "Exceptions" section of a waiver, a claimant can designate certain amounts as not-waived. It's a good idea to be as specific as possible when designating an exception. Note that unless otherwise designated on the waiver (such as with an "Exceptions" section), lien rights prior to a through date may be waived if signed - so claimants should always handle partial waivers with care.

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