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- Lien waivers in a contract are enforceable against parties to that contract, it unlikely that such provisions are enforceable against lower tier subcontractors and suppliers.
- Pay-if-paid clauses do not prohibit the filing of a mechanic's lien, it is likely the lien rights cannot be enforced (i.e., foreclosed) if the sum never becomes due.
- Once a valid waiver is made, it can operate both prospectively and retrospectively. Therefore, it is essential to review the terms of the waiver, which may only waive current or past lien rights, but may also waive future rights.
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