You do not have to obtain the Unconditional. However it is a good practice to do so, just to close the loop. I believe waivers in your state have a statement that displays "This documents waives the claimants .....effective on receipt of payment"
Tori W – Accounting Manager
(O) 480-237-0765 1736 S. Nevada Way, Mesa AZ 85204
Notice To Recipient: This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
If the conditional waiver states that lien rights are waived upon payment, and there is no added conditions, then the lien rights are sufficiently waived when paid and all you really need to prove that lien rights were waived is the conditional waiver and the proof of payment.
It is sometimes hard to make a sub do anything without a motivation for them to do it, so once you have paid the sub, it may be difficult to get them to sign an unconditional...unless other money is still owed. So, as far as the law is concerned, you only need the conditional waiver and proof that the conditions of the waiver were met...they were paid.
Your owner may have a different requirement though because they are not in possession of the proof of the conditions being met and anything you provide is really only your word... The owner may want unbiased proof that you paid the sub so they might request an unconditional.
Eileen Cigala | DPR Construction | www.dpr.com 222 N. 44th Street | Phoenix, AZ | 85034 o: 602.808.0500 | m: 480.721.8066 We Exist to Build Great Things.®
Home of the Connection Café.
100 Village Blvd., Suite 200, Princeton, NJ 08540Phone: 609-452-8000 | 888-421-9996 | Fax: 609-452-0474 | email@example.com