NEWS & EVENTS
Mo-Kan Construction Law Blog: Lien Waivers
The statutorily protected rights to file mechanic’s liens or a bond claims are essential weapons in the collection arsenal of any contractor. Such rights should never be waived or compromised without a sufficient exchange of money as consideration.
A contractor can unknowingly or accidentally waive a valuable lien or bond right, even when receiving money, by signing an overbroad or poorly-worded lien waiver. For that reason, it is of utmost importance that a contractor be skilled in recognizing problem lien waiver language.
Some construction contracts contain very broad waivers in which parties waive all of their lien and bond rights before construction has even commenced. These contractual lien waivers are void in Missouri and Kansas as against public policy. They are also void under the Miller Act governing federal projects. However, contractual lien waivers are valid in some states. Such provisions should be deleted from any contract.
Continue reading about lien waivers at Mo-Kan Construction Law.
The Mo-Kan Construction Law blog connects readers with legal issues and news related specifically to the construction industry. The blog is authored by Dysart Taylor attorney Lee Brumitt. Lee focuses his legal practice in construction law and represents a wide variety of construction trades.