• Waivers of lien in a sub or suppliers contract are valid.
• If the prime contractor waives or discharges its own lien, this will not affect the continued validity of subcontractor/supplier liens. Boulia-Gorrell Lumber Co. v. East Coast Realty Co., 84 N.H. 174, 148 A. 28 (1929)
• Implied waivers by subcontractors based on pay-if-paid terms are presumably invalid, however, for lack of clear and unequivocal waiver.
• "Paid if Paid" is enforced if explicit.
• "Pay when Paid" suggests time for payment.
• Pay-when-paid and Paid if Paid clauses in the subcontract or purchase order do not generally create a condition precedent to payment.  Courts require specific language such as "if" or "on the condition that" to find that a contract contains a condition precedent.

Retainage Provisions

Public

• Although a public agency is permitted to withhold retainage, there are no statutes specifying the maximum rate that may be withheld. For contracts made by a state agency that exceed a total of $500,000, with prior notification to the contracting agency of the state and the state treasurer, the contractor may substitute securities in lieu of retainage. N.H. REV. STAT. ANN. § 21-I:20.