What to do if I’m an architect who has been asked to sign a lien waiver?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I’m an architect who has been asked to sign a lien waiver?
I’ve received a partial payment. The instructions on the waiver include, “Amount shown should be the amount actually received and equal to the total amount of contract as adjusted”. We did not adjust the contract and the remaining amount is 3 months past due. If we cash their check, are we agreeing to accept the reduced amount or can we safely cash the check without agreeing to any adjustment?
Asked on September 22, 2014 under Real Estate Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
It is very hard to answer this with out seeing what's going on in person, although I thank you for reading that to me. Is it written in the "memo" section? It seems that they are trying to unilaterally alter the contract and say that by cashing it you agree. While that generally is not how it works, I would speak with an attorney in your area about suing them asap for the entire balance before you cash the check. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.