Lien Waivers: the Hidden Risks You Can’t Ignore | ABC Academy & GA Articles
Return to Previous Page

Lien Waivers: the Hidden Risks You Can’t Ignore

Date: Wednesday, September 16, 2015
Watch Now
Time: 11:00 a.m. (ET) / 10:00 a.m. (CT) / 9:00 a.m. (MT) / 8:00 a.m. (PT)
Length: 60 minutes
Fee: Free
Speaker: Matthew C. Bouchard, Partner, Lewis & Roberts, PLLC
Category: Business Development, Training and Education  
Lien waivers are among the most overlooked, and perhaps the most despised, construction project documents.  At best, they represent an annoyance. At worst, they present significant hidden risks to the parties signing them.  If not executed in a mindful manner, they can expose the party signing them to significant risks, including non-payment, waiver of contract time & price adjustments and allegations of fraud.  These risks are all-too often overlooked by construction project participants, who might be inclined to view execution of lien waivers as a mere clerical task required as part of the monthly payment cycle.  Big mistake.

This webinar will highlight the hidden risks of lien waivers as reflected in some recent cases that should scare the pants off anyone who thinks execution of these documents is nothing more than a formality.  The program will discuss the difference between conditional and unconditional lien waivers, demonstrate how the language of lien waivers can lead to the inadvertent waiver of delay and other claims, and address how the careless execution of these documents might lead to fraud allegations down-the-line.  By the end of the webinar, participants will be armed with a fuller understanding of the risks lurking in lien waivers and a strategy for ensuring they are always executed in a mindful manner.  

  • Identify the risks lurking in lien waivers
  • Analyze the components of typical lien waivers
  • Isolate the key issues contractors, subs and suppliers should keep in mind before signing lien waivers
  • Help members execute lien waivers in a more mindful, confident, risk-minimizing manner
PowerPoint Presentation(PDF)

 Matthew C. Bouchard is a partner with the law firm of Lewis & Roberts, P.L.L.C. in Raleigh, North Carolina. His principal areas of practice are construction law, surety law and commercial litigation.  He has represented general contractors, subcontractors, suppliers, surety companies and owners in the resolution of lien, bond, delay, defect and other construction claims throughout North Carolina.  Prior to joining Lewis & Roberts, Matt practiced with the law firm of Holland & Knight, LLP in Boston, Massachusetts, where he was an associate with the firm’s construction industry practice group. 

Matt received his J.D. from the University of North Carolina in 2001 and graduated from Duke University magna cum laude in 1994.  He is a member of the Construction Law Section of the North Carolina Bar Association and of the ABA’s Forum on the Construction Industry.  His firm is a proud member of ABC’s Carolinas Chapter, and Matt is a member of the Government Affairs Committee for the Triangle region. 

Matt’s blog, “N.C. Construction Law, Policy & News,” can be found at

Comments are closed for this post, but if you have spotted an error or have additional info that you think should be in this post, feel free to contact us.