Unconditional waiver

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normbac

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Have a co who sent me an email with copy of check for final payment. They also request signed unconditional and then actual check will be sent. is this a normal practice? Concerned with legal recourse if check is never sent etc.
 
While I can surmise what it entails, I prefer to just ask... unconditional waiver for what exactly?

IMO, don't sign the waiver until you have actual check in hand, perhaps not until it clears your bank.
 
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I'll give a conditional , but will never do a unconditional without payment
 
normbac said:
Have a co who sent me an email with copy of check for final payment. They also request signed unconditional and then actual check will be sent. is this a normal practice? Concerned with legal recourse if check is never sent etc.
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The only thing you should sign is the back of the check to cash it at their bank,then take the cash and put it in yours ,just in case they try to recall it for some reason.
 
Smart $ said:
While I can surmise what it entails, I prefer to just ask... unconditional waiver for what exactly?
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Final payment they put copy of check on PDF and ask for unconditional final to be sent and then check will be sent
 
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LEO2854 said:
The only thing you should sign is the back of the check to cash it at their bank,then take the cash and put it in yours ,just in case they try to recall it for some reason.
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Just because you sign a release as a condition for payment doesn't mean you give up your rights to seek remedy should they not send the payment.

Assuming you don't have any other issues with the release I would just sign it and get my money.
 
normbac said:
Have a co who sent me an email with copy of check for final payment. They also request signed unconditional and then actual check will be sent. is this a normal practice? Concerned with legal recourse if check is never sent etc.
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Make a call to your lawyer. that is what they are there for. 5 minuite conversation will shed a lot of light. Unless the amount is so small (which i doubt) then it is money well spent.
 
I am still curious as to what you exactly would be waiving? work completed, payment made and deposited what else is there? If you did the waiver I would write a clause in there that this waive is contigient on check clearing. Odd request from your customer.
 
Daja7 said:
I am still curious as to what you exactly would be waiving? work completed, payment made and deposited what else is there? If you did the waiver I would write a clause in there that this waive is contigient on check clearing. Odd request from your customer.
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Typically it is waiving your right to file a mechanics lien as a recourse to non-payment.

...and you're contingency would change it to a conditional waiver.
 
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Smart $ said:
Typically it is waiving your right to file a mechanics lien as a recourse to non-payment.

...and you're contingency would change it to a conditional waiver.
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Had to do it twice, once was a HUD job and the other was a hard money job. The hud job I already had been paid. The hard money job I got the check at the same time, which is probably the way to do it. You hand them the waiver at the same time they hand you the check:D Howdy Partner!
 
normbac said:
Have a co who sent me an email with copy of check for final payment. They also request signed unconditional and then actual check will be sent. is this a normal practice? Concerned with legal recourse if check is never sent etc.
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that isn't normally how it works.

here is the exact wording for unconditional release for final payment in calif.

===============================================
UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP
PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND
STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS
DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE
NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER
AND RELEASE FORM.
===============================================

so, in this state, if you give them that, you have no recourse if they don't pay you.

none.


use a conditional, and after the check clears, follow it up with the unconditional.
when the unconditional is dated starts the year warranty in calif.
 
Told them I was not comfortable with signing. they were nice about it and said they would send check today and I could sign after receiving check. :dunce:;)
 
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