Consumer Law, Warranties Lien waiver

[silverka]

I live in Iowa...I'm not sure if this is the correct place to post this, so apologies if it's not.

I am a small GC here in Des Moines. I have just completed a kitchen remodel and one of my subs had several mistakes that cost money and time. I am going to short the final bill to him by about $800 for repairs and mistakes. I have to mail the check to him because he lives some distance away, and I am not going to waste any more of my time with him. I am worried that if I send him this shorted check that he will file a lien against my homeowners. Sending a lien waiver with the check would do me no good..cause I know he would not knowingly sign it. My question is......is it legal to somehow write a lien waiver of sorts on the actual check, so by signing it he will be releasing me and my homeowners of any claims. This way if he wants the money, he has to sign the check and accept the lesser amount. Thank you in advance!!!

 

[dee_dub]

It's might be illegal to try to do that. I'm not sure what the law is in Iowa, but it may be illegal for you to make payment under the contract conditional on him fulfilling some requirement that is NOT in the contract.

If it's not illegal, the question is whether it will be binding on him. I would guess three things could happen:

He could cash the cheque but scratch out the "waiver" he disagrees with, and file a lien.

He could not cash it at all and tell you to send a proper cheque without those strings attached, and file a lien.

He could cash it as is, file the lien, and then you will have to go to court to get the lien discharged by arguing it was improperly filed since he gave up his lien rights.