Q: WAIVER AND RELEASE UPON FINAL PAYMENT. The "NOTICE" is 60 days , current law is 90 days. Which date is enforceable?
THE Form that was signed was supplied by the GC in the close-out documents. 60 days is getting close.
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A:
In the situation you've described, where there is a discrepancy between the notice period stated in a document supplied by the general contractor and the current legal requirement, the enforceable date usually defaults to the one that complies with current law. In your case, if the law mandates a 90-day notice period, this typically overrides the 60-day period mentioned in your close-out documents.
It's important to review the specifics of the agreement and any clauses that might pertain to notice periods, as sometimes contracts can have provisions that allow for shorter periods under certain conditions. However, absent such specific provisions, the legal standard of 90 days would generally prevail.
Since the 60-day period is approaching, it would be wise to consult with a legal professional who can offer guidance based on the specific details of your contract and the applicable laws in your jurisdiction. This will ensure that you are taking the right steps to protect your rights and interests.
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