Lien Waivers

UPSTREAM WAIVERS:

All upstream waivers that are not our approved Universal Upstream Waiver form, are required to be signed by a Vice President over the relevant project and who has knowledge of the circumstances of the relevant project – knowledge of the retention, pending change orders, disputes & claims, and work performed after the relevant requested pay period.  Prior to signing an upstream waiver, the VP must be aware if there are any outstanding items such as:

1)      Withheld retention;

2)      Items, modifications, or changes pending approval;

3)      Disputed items and claims; and

4)      Items or services furnished or invoiced after the Request for Payment period.

 The above knowledge is essential to determine whether or not we are waiving our right to these outstanding items.  For example, if there is a pending change order and we have not excepted that out of our waiver – we waive or give up our right to the change.  If there is an unresolved dispute, and we have not excepted that out of our waiver, we give up the dispute.  If the waiver language does not except out items or services furnished after the Request for Payment period, we waive those.  The same with retention.

 If we are certain there is not an open item, it is OK to waive that item.  For example, if we know there are no pending change orders, we do not need to require an exception for pending change orders.  The same with all other items.  Just be sure.  The safest approach is to have all four exceptions.  Speak to Legal with questions.  Thanks.

DOWNSTREAM WAIVERS:

Coordinators can handle downstream waivers and have access to the downstream waiver forms in the shared folder.  A universal downstream waiver form is provided in the shared folder and should be used If a specific form is not required by our customer.  Speak to Legal with questions.  Thanks.