Αποτελέσματα Αναζήτησης
15 Νοε 2023 · Well, as another staple of settlement contracts, the parties can actually waive the protections of Civil Code section 1542 in their 1541 release. Put simply, the parties can agree to release all claims, including unknown claims.
The release contains a Section 1542 waiver. You sign the release because you need the severance pay. Later, you realize you had grounds for a wrongful termination lawsuit, which could have brought you more money than the severance pay.
THE PARTIES ACKNOWLEDGE AND AGREE THAT EACH HAS HAD AN OPPORTUNITY TO ASK QUESTIONS AND CONSULT WITH AN ATTORNEY OF THEIR CHOICE BEFORE SIGNING THIS AGREEMENT, INCLUDING THE APPLICATION AND MEANING OF THE CIVIL CODE SECTION 1542 WAIVER.
If your work on a project is still ongoing and you are only looking to waive your lien rights over a portion of your services, consider signing another Florida lien waiver known as the Florida Waiver and Release of Lien Upon Progress Payment.
NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes. A person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. This form may be notarized, but is not required by law to be notarized!
Further, pursuant to Construction Lien Law, Florida Code §713.20(7), this waiver and release is conditional and effective only on the lienor’s receipt of payment from the financial institution on which the following check is drawn:
Civil Code section 1542 waivers are commonly included in a myriad of transactional documents and typically coupled with “as is” provisions. In essence, absent an express waiver of Section 1542 in a contract, the releasing party does not release any unknown claims.
