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They're requesting an Unconditional Waiver before giving us any payment. What do I do?

NevadaLien Waivers

We have a general contractor we did work for. I have sent in all the payment paperwork requested, but never received the first payment. We completed the job in March '22. They sent through the request for the paperwork for the retainer and I sent it with a conditional waiver. They don't want to release the checks to us until I send an unconditional, but I'm hesitant to do so since they have a history of withholding payment for long periods of time. How should I proceed?

1 reply

Jun 14, 2022
If I was you, I would not provide the General Contractor with an unconditional lien release until you received payment and the check clears. If you read the terms on the unconditional release, as proscribed by Nevada law (i.e., NRS 108.2457) you may be giving up lien rights by signing and sending the unconditional release to the General Contractor without getting paid first. The proper procedure is to provide a conditional release with your application for payment and then an unconditional release upon receipt of the check and the check clearing. You may want to speak with a construction lawyer regarding this situation....
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