- Contract provisions requiring waivers prior to payment are void. §779.135(1), Wis. Stats.
- Lien waivers are valid with or without consideration, before or after performance of work.
- A waiver is all-inclusive unless it is expressly limited to a particular portion of work.
- Subcontractors/suppliers may refuse to give a waiver unless paid in full for the work in question.
- “Paid if Paid” is not enforceable in Wisconsin.
- “Pay when Paid” suggests time for payment.
- Pay-when-paid clause in the subcontract or purchase order does not create a condition precedent to payment.
|
