Sub-subcontractor's Damages Limited by Waiver and Lien Release

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In Spectrum Interiors, Inc. v. Exterior Walls, Inc., 2009 WL 347745 (Fla. 5th DCA 2009), the Court held that the language contained in an executed waiver and lien release limited a sub-subcontractors damages.  The Court held that the sub-sub waived damages for payments received in response to executed lien waivers and could not seek damages prior to the executed lien releases.

Potential lienors should carefully review all lien waiver documents prior to execution to insure that they are not waiving claims for potential extras, unexecuted change orders or other compensation.


Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278

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