Payment of Retainage with “conditions attached” Deemed Non-Payment
Best Practices Construction Law
NOVEMBER 6, 2019
In the same letter as its refusal, the contractor said it would release the retainage payment “which was pending receipt of a Waiver of Lien. The contractor responded to that letter: “Execution of the Waiver and subsequent cashing of the check will not affect your ability to initiate and prosecute your claim against [us.”
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