Cases / Commercial & contracts
Commercial & contracts

Trade payment for lien rights, and get the retainage back

Make a signed waiver the condition of getting paid rather than paperwork chased afterwards: gate the payment run on it, collect the right waiver type for each payment, and release retainage against an event both sides agreed to in advance.

5 steps18 minGeneral contractorSpecialist subcontractorDeveloper / client

How it works, step by step

5 steps across the platform - what you do at each one, and why it matters.

1

Decide who cannot be paid without a waiver

Subcontractor Directory

Mark on each subcontract agreement whether a signed waiver is required before payment is released. The requirement then travels with the firm rather than living in one person's memory of what was agreed.

Why: Chasing waivers after the money has gone out is chasing a signature from someone who no longer needs anything from you. Set as a condition of payment, the same request answers itself, because the party who wants the check is the party who has to sign.

InSubcontract agreementsWho must waive before being paidOutPayment gated on a waiverOpen exposure visible per firm
2

Collect the signed waivers down the chain

Subcontractor Directory

Upload each signed waiver against the firm that gave it and the period it covers, so the file sits with the payment it belongs to rather than in an inbox. What is still missing is a list, not a recollection.

Why: Exposure on a job runs to everyone who supplied labor or material, not only the firms you hold a contract with. A waiver you cannot produce on request is, for practical purposes, a waiver you do not have, and the moment you need it is the moment somebody further down the chain says they were never paid.

InSigned waiver from each firmThe payment period it coversOutWaivers filed against the firmWho is still outstanding
3

Attach the right kind of waiver to the right payment

Contracts

Record the waiver against the payment application it releases, choosing across the two axes that matter: conditional or unconditional, partial or final. Waivers accumulate as a history rather than overwriting each other, so every period keeps its own release.

Why: The two axes are the whole point. Conditional means the release takes effect when the money actually lands; unconditional means it already has, and signing one before the funds clear gives away the leverage for a payment that can still fail. Partial covers the period, final closes out the job. Getting the pair right is the difference between a release and a gift.

InThe payment application being paidWhether the payment has clearedOutConditional or unconditional, partial or finalAn append-only waiver history
4

Release the retainage on an event, not on a reminder

Contracts

Set the event that releases retainage on the contract itself, then release against it when the event occurs. The percentage held and the event that frees it are contract terms, so they are recorded once with the contract rather than renegotiated at the end from memory.

Why: Retainage is the contractor's own money, withheld for a while and then quietly forgotten by everyone who is not owed it. Tied to a named event it becomes due on a date somebody can point at; left informal it becomes the last unresolved line on a job nobody wants to reopen, and it is routinely the largest sum still outstanding when a project closes.

InRetainage held to dateThe agreed release eventOutRetainage released on the eventWhat was released, when and why
5

Close the loop between money out and rights released

Finance

Reconcile the payments against the waivers held for them, so the answer to what has been paid and what has actually been released is one view rather than two lists somebody compares by hand.

Why: A payment without its matching release is not a closed transaction, it is an open exposure that looks closed in the ledger. The gap between the two lists is the thing a lender, a surety or a title company will ask you to produce, usually at the point where the job is otherwise finished.

InPayments made and receivedWaivers on file for eachOutEvery payment matched to its releaseRemaining exposure, named

More in Commercial & contracts

Commercial & contracts

Run a subcontractor package

Award a trade package to a subcontractor, place it on a subcontract with a schedule of valu…

3 steps11 minOpen