A subcontract signed at the start of the job states that the subcontractor waives all lien rights on the project. What is the effect?
Correct Answer
C) Unenforceable, a lien right may not be waived in advance
Section 713.20(2) provides that a right to claim a lien may not be waived in advance, that a lien right may be waived only to the extent of labor, services or materials furnished, and that any advance waiver is unenforceable. A release can only look backwards at work already done.
Why This Is the Correct Answer
Section 713.20(2) provides that a right to claim a lien may not be waived in advance, that a lien right may be waived only to the extent of labor, services or materials furnished, and that any advance waiver is unenforceable. A release can only look backwards at work already done.
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