When do you use the 'disputed amount' section of the Unconditional releases?
1 reply
Sep 23, 2019
Generally, the "Amount of Disputed Claims" on a Nevada mechanics lien waiver will act similarly to the "Exceptions" section on a California lien waiver. That section reserves the right to make a future claim based on any amounts that are still in dispute and being sorted out between the party submitting their waiver and their customer. So, if there are unapproved change orders, outstanding retainage, or other disputed amounts, those might be included in that section of the waiver.
Often, a sub or supplier will simply refuse to submit a waiver if there are amounts being disputed. But, in a situation where there are some minor amounts being hashed out while the majority of payment has been received and can be waived, the "Amount of Disputed Claims" section on a waiver will help reserve rights while also making it easier for higher tiers to release the majority of payment.
For more information on Nevada mechanics lien waivers:
(1) Nevada Lien Waivers Guide and FAQs(2) Guide to Nevada Unconditional Progress Lien Waiver – [Free Download](3) Guide to Nevada Unconditional Final Lien Waiver – [Free Download]