Legal Question in Construction Law in California

question about recieving payment from contractor

I have a question regarding the ''unconditional waiver and release upon final payment'' form.

we did a job for a contractor, a down payment was given, and we completed the job. the contractor now does not want to pay us the remaining balance, unless we sign this form. he threatened us that by law we had to sign this form in order to get payed. i had told him that he should give us a conditional waiver since he had not payed us completely, but he wouldn't budge. what i want to know is if indeed we do need to sign this or any of theses related forms in order to get the money that is owed to us? any advice appreciated, thanks!What is the name of your state?


Asked on 5/12/08, 5:02 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: question about recieving payment from contractor

Unless the contractor is handing you a cashier's check in exchange for the unconditional release, don't sign it. A conditional release and a cancelled check are just as good as a unconditional release. The contractor can legally require you to sign an unconditional release once the check has cleared.

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Answered on 5/12/08, 5:23 pm


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