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should I sign a conditional final release when billing retention and have not been paid for extras

CaliforniaChange Orders

I am a subcontractor, we have completed our scope of work per the contract signed. The GC held 10% as retention. I need to bill the retention, I have $23,000 in extra work that hasn't been billed because the GC has to issue a written change order first. The extra work has been approved by the GC however, they need approval from the owner prior to issuing the change orders. They have submitted all the paperwork to the owner and they are waiting for approval..it has been 4 months since the extra work was completed.

1 reply

May 24, 2023

Well I'd make sure the conditional release is for the full amount owed, or you arguably waived your right to collect on everything else you did up to the date of the signed release. If the GC is insistent on it only being a partial, then at least make sure the conditional release clearly expresses what it does and does not waive. Look at Civil Code sections 8120-8138. 

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