frisco, TX · Member since 2009 · 11 posts · 5 votes
Hello. We have a Texas commercial contract where the GC made numerous breaches to his AIA contract. The biggest breaches were going over budget and not giving us notice, and going over the date deadline by 75%! However, we finished the project except for the punchout (with lots of construction defects), and we received our certificate of occupancy from the city. Throughout the project, we kept asking for numerous things, including receipts, and lien waivers, all per contract stipulations. It was like pulling teeth. He actually gave us a notarized FINAL UNCONDITIONAL LIEN WAIVER even though we had a dispute on the final amount owed. This waiver was sent to us via email (can be proven), so it is not the actual original copy. He has since filed a lien on our project. Any ideas on how to proceed?
Attorney and Real Estate Broker · Madison, WI · Member since 2016 · 265 posts · 100 votes
7y
Also be careful to verify the date on the waiver vs date of last work, and the amount waived. Many waivers specify what is being waived and if the waiver only applies to part of the work the GC may be claiming it has rights to work performed after that date and/or for fees over and above the amount being waived.
PS it may not even matter if the waiver is titled "unconditional" or "final" if it specifies elsewhere the work being waived and there is additional work the GC is claiming for.