What to do if I’m an architect who has been asked to sign a lien waiver?

I’ve received a partial payment. The instructions on the waiver include, “Amount shown should be the amount actually received and equal to the total amount of contract as adjusted”. We did not adjust the contract and the remaining amount is 3 months past due. If we cash their check, are we agreeing to accept the reduced amount or can we safely cash the check without agreeing to any adjustment?

Asked on September 22, 2014 under Real Estate Law, Wisconsin


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is very hard to answer this with out seeing what's going on in person, although I thank you for reading that to me.  Is it written in the "memo" section? It seems that they are trying to unilaterally alter the contract and say that by cashing it you agree.  While that generally is not how it works, I would speak with an attorney in your area about suing them asap for the entire balance before you cash the check.  Good luck.

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