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Section 871.106: Lien waivers.

(a) In a contract for $2,500 or more, the contracting officer must include the following requirements:

    (1) The contractor must sign a formal release in full or a lien waiver before payment may be made.

    (2) The contractor must notify the Director, Regional Office, of any subcontracts for services or materials in excess of $2,500. Each subcontractor must sign the release or waiver jointly with the prime contractor or exercise a release or waiver in the subcontractor’s own name.

(b) The contracting officer must not pay the contractor unless the release or waiver accompanies the contractor’s invoice.

(c) Before any authorized partial payment, the contractor must execute a release or waiver.

(d) Due to the variations of local law, no standard release or waiver is prescribed. Each release or waiver must be prepared in accordance with local law and must be in form acceptable to the District Counsel.




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