Construction Lien Waivers: Conditional vs. Unconditional Waivers, Retainage, Reservation of Rights
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will advise construction attorneys on the risks and potential liabilities when signing lien waivers, particularly in those cases when the contractor has yet to receive payment. The panel will discuss differences in conditional lien waivers vs. unconditional waivers, properly exclude retainage, and address reservation of rights. The panel will advise all stakeholders, contractors, subcontractors, and suppliers on the best practices when presented with lien waivers and how to protect themselves from losing their rights.
- Lien waivers
- Progress payments vs. final
- Reservation of rights
The panel will address these and other key issues:
- What should counsel include in lien waivers in states that do not have statutory requirements?
- How can retainage be addressed in lien waivers?
- How should counsel address reservation language in lien waivers?
Mark A. Cobb
Cobb Law Group
For over 25 years, Mr. Cobb has been practicing construction law throughout the state of Georgia. He remains active in... | Read More
For over 25 years, Mr. Cobb has been practicing construction law throughout the state of Georgia. He remains active in many professional organizations, and he speaks and lectures extensively on Georgia’s Mechanics and Materialmen’s Law, payment bonds (Miller Act and Little Miller Act claims), construction contracting and risk-allocation & damage mitigation. In addition, Mr. Cobb publishes on similar topics regularly. Mark recently finished co-editing a 50-State Lien Law publication for the American Bar Association’s Forum on the Construction Industry and has contributed to several other books and industry publications.Close
Mr. Weinstock concentrates his practice on commercial real estate and construction transactions including purchase and... | Read More
Mr. Weinstock concentrates his practice on commercial real estate and construction transactions including purchase and sale, financing, development, access agreements leasing, property management, organizational planning and structuring, I.R.S. §1031 exchanges, tenancy-in-common arrangements, air rights transactions, and joint ventures. He advises and represents local and national clients on a broad array of design and construction agreements including RFP’s, purchase orders, construction management and alteration agreements, in addition to requisitions, lien waivers and mechanics’ liens and surety bonds. Within the legal community, Mr. Weinstock serves as an Officer of the Executive Committee of the Real Property Law Section of the New York State Bar Association, Co-Chair of the Student Affairs Committee, and Secretary of the NYSBA RPLS Construction Law Committee. He is currently serving in his second term as a Director on the New York County Lawyers Association’s Board of Directors.Close
Tracey L. Williams
Peckar & Abramson
Ms. Williams is a skilled litigator and has successfully represented contractors, developers, owners and subcontractors... | Read More
Ms. Williams is a skilled litigator and has successfully represented contractors, developers, owners and subcontractors during all phases of the construction process, and thereafter. She assists clients in managing project risk through effective contractual risk allocation and counsels clients in construction matters involving contract disputes, mechanic’s and materialman’s liens, bond claims, construction defect, and other construction-related claims. In addition to construction law, Ms. Williams has extensive experience in creditor’s rights and commercial collections.Close