Legal Question in Construction Law in Florida
We are a supplier of construction materials in Florida. Can we demand payment at the time we furnish a release of lien to our customer. Our customer will request us to fax an executed lien waiver, but then will not pay the amount due for 2 weeks or more.
Thank you in advance for your reply
Asked on 11/23/10, 4:48 am
1 Answer from Attorneys
Alterraon Phillips
APLaw, LLC
My recommendation to you is not to furnish a release of lien until you receive the payment. Even when you receive the payment and it is a check, your release of lien should state it is conditional upon the check clearing. Highly recommend you speak with a construction attorney about your business practices before you end up waiving a right you should not waive.
Answered on 12/02/10, 6:17 pm
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