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Lien Waivers Not Required Once Filing Period Expires Retainage; Changes directed; Waiver

Thursday, January 02, 2003 12:08 pm

Lien Waivers Not Required Once Filing Period Expires Retainage; Changes-directed; Waiver

The U.S. Court of Appeals has ruled that a project owner did not waive a requirement for written change orders. But the owner could not rely on the lack of lien waivers to hold retainage after the lien filing period had expired.

Entergy Services, Inc. awarded a fixed-price contract to Hall Contracting Corp. for improvements to a dam located near Hot Springs, Arkansas. The contract required changed or additional work to be authorized in writing by Entergy. In the absence of a written change order, Hall waived any claim for additional compensation.

The contract also stated that funds retained f [...]

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