Unconditional waiver

normbac

Senior Member
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.
 

Smart $

Esteemed Member
Location
Ohio
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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Sierrasparky

Senior Member
Location
USA
Occupation
Electrician ,contractor
I'll give a conditional , but will never do a unconditional without payment
 

LEO2854

Esteemed Member
Location
Ma
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.
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.
 

normbac

Senior Member
While I can surmise what it entails, I prefer to just ask... unconditional waiver for what exactly?
Final payment they put copy of check on PDF and ask for unconditional final to be sent and then check will be sent
 
Last edited by a moderator:

Smart $

Esteemed Member
Location
Ohio

flyboy

Member
Location
Planet Earth
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.
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.
 

Daja7

Senior Member
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.
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.
 

Daja7

Senior Member
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.
 

Smart $

Esteemed Member
Location
Ohio
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.
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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GerryB

Senior Member
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.
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!
 

Fulthrotl

~~Please excuse the mess. Sig under construction~~
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.
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.
 

normbac

Senior Member
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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