Should you sign a Unconditional Final Release if you have not been paid retention?

Business 5 views 4 answers
An Owner/Builder is asking me to sing an Unconditional Final Release. I have not been paid for the retention yet. Under the Exceptions are they put "Final Retention". I believe the Exceptions area is designated for Change Orders. Am I protected if the Final Retention has not been paid but listed under the Exceptions area on the Unconditional Final Release?

Attorney Answers

4
Edna Straus ·
This is a construction question. I will change the designation.
0 upvotes
Cathleen M CurlConstruction / Development LawyerMillbrae, CA ·
As long as there is an exception for retention, you should be ok in signing the final unconditional form. To be extra safe, you can write in the amount of retention owing in the exception box at the bottom of the form.
0 upvotes
Alan Barnes ·
If you haven't been paid in full, you need to sign a Conditional on Final. Or an Unconditional on Partial for the amount you have been paid.
0 upvotes

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