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Discussion Starter #1
Hi all! My name is Lynda and my husband owns and operates a small HVAC company in Maricopa County, AZ. We provide service to Phoenix and the surrounding metropolitan area. We've been in business since 1999 and my husband is an experienced installer and service technician.
I don't know if it's unusual, but we have just recently finished our first new construction project, where we installed a number of mini-splits and 2 split systems in an assisted living facility that was built from the ground up.
My situation is this:
We've recently completed 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.... :)

I realize now how I should have handled this project at the start, as far as making provisions for changes and add-ons. And, if there's a next time, I think I'll protect our interests much better going in.

898 Posts
I'm hoping you didn't sign the release, as the lein is the only way you have to get paid in full.
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