Home>Levelset Community>Legal Help>New client of Zlien. Just completed Conditional Releases and checks paid out. Now Client wants me to now go back and request Unconditional Relaeses for those same amounts??

New client of Zlien. Just completed Conditional Releases and checks paid out. Now Client wants me to now go back and request Unconditional Relaeses for those same amounts??

IdahoLien Waivers

Is it necessary to request an Unconditional right after the Conditional. Seems like a lot of additional paperwork. Is this something in the Idaho law to do this? My client is a California developer, and is afraid of getting stuck with a Lien after the fact? This is why I selected Zlien, as electronically is less paperwork. Thx wb

1 reply

Jun 19, 2018

When a conditional waiver is submitted in exchange for payment, the waiver "transforms" into an unconditional waiver. That is, the condition of a conditional waiver is that payment is made. Once that condition is satisfied, the waiver takes full effect. Unfortunately, some contractors, developers, or owners might request an additional waiver - an unconditional one - to follow a payment that is exchanged for a conditional waiver. Requesting or submitting an unconditional waiver after a conditional waiver has already been provided is redundant and isn't necessary, but some up the chain parties will request them for additional peace of mind. However, submitting an unconditional waiver for the same payment that a conditional waiver has already covered will not forfeit any additional rights (as long as the waivers are covering the same amounts and work), and it may help to soothe relationships at a job site. Finally, unlike California, Idaho's laws surrounding lien waivers are very relaxed (and pretty much nonexistent). So, California developers and contractors are likely used to a more rigorous waiver process than required in Idaho.

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