How Can I Make My Release Conditioned Upon Getting Paid?

Exchanging a release for a check – or a check for a release – should be done with careful attention to the wording and meaning behind the document.

Whether you are a general contractor or a subcontractor, what you want to give in a release, and what you want to receive, depends on your position. Generally, when someone is giving you a check, you want to provide as narrow a release as possible, maintaining the ability to come back later to charge for unexecuted change orders or delays. When you’re the one giving the check, obtain as broad a release for as many rights as possible so what you may not have thought of doesn’t come back to bite you.