Mastering Waivers & Releases: The Art of Getting Paid

In this episode, board-certified construction attorney Alex Barthet breaks down everything contractors and subcontractors need to know about lien waivers and releases. Alex clarifies why the right (or wrong) wording in these documents can drastically affect your rights to payment. You’ll learn exactly which release forms you should use, how to handle conditional releases, and smart strategies to protect unpaid change orders and claims—so you can confidently get paid without inadvertently giving away critical legal protections.

Highlights in this episode:

• Choosing the Right Release: Learn which waiver and release forms you should sign (or avoid) depending on your position in the payment chain.
• Conditional Releases: Discover how to make your releases conditional upon payment and protect yourself if a check never arrives or bounces.
• Through Dates & Payment Mismatch: How to handle releases when payment amounts don’t match your billed amount, and why your “through date” is crucial.
• Protecting Change Orders: Essential language to exclude unpaid or unapproved change orders and delay claims from your monthly releases.
• The “$10” Release Trap: Why many releases list “$10” and how this seemingly small detail can significantly impact your payment rights.