Do lien waivers per draw actually protect me from the GC's subs, or just from the GC?
Working through the paperwork side of a heavy rehab before I ever fund one. Say 160k of rehab released over six draws, a GC with four regular subs plus a lumber and a cabinet supplier. My draw package has the GC signing a waiver each time he's paid.
What I can't get a straight answer on: that waiver is signed by the GC, so does it do anything at all about a plumbing sub who never got his share of draw three? My understanding is a lien attaches to the property, not to the person who owed the money, so I'd be the one paying twice and the GC would be the one I have to chase. I've seen conditional versus unconditional waiver forms and joint check agreements mentioned as the fix, and I don't understand the sequencing of either well enough to write it into a contract. Also unclear whether the preliminary notice some states require is a threat to me or a gift, since it presumably tells me who can lien in the first place.