# Question about Lien Releases in New Construction



## af1ac (Apr 29, 2019)

I posted the following in my introduction, so I hope i haven't broken any rules of this group/forum/site. I just really need an answer from a contractor with more experience with new construction projects. Please forgive my error if i've violated any posting rules.... 
We've recently completed a new construction project and the owner wants us to sign an "Unconditional Lien Release" before we've actually been paid in full. 
Here's the background: 
We've been mostly paid, but there's a small balance left from the original bid. Also, we've presented him with invoices along the way for changes to the job and the additional labor and materials resulting from those changes. A couple of those invoices have been paid, but there are a few that have not, nor has he acknowledged them. 
My dilemma:
I don't feel comfortable signing a document that says -in bold- that I am giving up my rights unconditionally and that I have been paid in full.
Basically, can anyone please tell me:
Is this normal in new construction? That maybe he needs my signature on that document for the bank to release the funds to him, that he will pay me with?
I apologize if I am not asking this question in the right form or forum - it's just that time is of the essence, as he wants me to return that to him yesterday and I need to receive the moneys owed last week....


----------



## MattT (May 8, 2019)

You need to sign what is called a "Conditional Final Lien Release" The conditional release states that the lien release is only good once all funds have been received. You scan in the conditional release and send it to him, then send him the original once you receive your final check and have it deposited.


----------



## israellegendary (3 mo ago)

As a contractor, you should never sign an "Unconditional Lien Release" before you've been paid in full for a construction project. Doing so would release the owner from any responsibility to pay you for the work you've completed, even if they haven't paid you in full. If the owner wants you to sign an "Unconditional Lien Release," make sure you get paid in full first. My brother owns www.almightyconstructionnw.com, and they never agreed with this. They always asked for all the money for the work and, after this, signed the papers.


----------

