10B — November 28 - December 11, 2014 — Shopping Centers — M id A tlantic
Real Estate Journal
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By Jerry A. Nelson, Esq., Stark & Stark Do you have the waiver and release you need?
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and claim waivers, since simple lien waivers may not prevent the filing of claims.
aving the right waiv- er and release can help you to quickly
right. Often, waivers and releases are included as part of settlement agreements. Since it is also possible to give up claims and rights by conversations or conduct, it is essential to ensure that you do not unintentionally lose your claims and rights. Waivers and releases can also be contained in other documents and good leases, construction contracts, and other agreements will in- clude lien and claim waivers and releases. In addition to obtaining releases, it is im- portant to obtain both lien
with tough language to in- spire compliance, such as in- creasing payments and attor-
defense to the making of the document, or they are pro- hibited by laws, such as laws relating to residential ten- ants and consumers. It is also important that documents be exchanged at the right time. For example, construction lien and claim waivers may not be enforceable if they are not exchanged when required by law. Similarly, certain rights and judgments may not be enforceable un- less they are obtained to settle a pending claim, such as an eviction action. In order to fully benefit from these valuable documents, it is essential to consider all possible issues, including all potential parties (such as subsidiaries and affiliates, officers, directors, sharehold- ers, partners, employees, agents, members, managers, successors, assigns, heirs and personal representa- tives) and all potential issues (including past, present, and future claims, demands, ac- tions, causes of action, suits, debts, sums of money, prom- ises and damages, regardless of whether asserted, unas- serted, known or unknown). Waivers and releases can create opportunities Well drafted waivers and releases can also grant you additional new rights to help you reach your current and future goals. For example, they can be used to quickly obtain missing rights, such as rights to develop and im- prove properties. They can also be used to creatively and quickly resolve other issues that you may not be willing or able to cost-effectively resolve at a trial, such as other current problems, fu- ture potential problems and payments, confidentiality, jurisdiction, venue, and gov- erning law. Obtain the waivers and releases you need It is critical to consult counsel to ensure that you have the waivers and releas- es you need to succeed. Many issues must be addressed, including what waivers and releases you need, when you need them, and if and when they are enforceable. Jerry A. Nelson, Esq. is a shareholder at the Stark & Stark law firm and can be reached at jnelson@stark-stark.com or 609.945.7635. n
save money a n d f i n d peace. If you fail to obtain a required wa i v e r o r release, you can suf fer from liens, disputes and lawsuits.
“Waivers and releases are effective at cutting costs and reducing risks because they are generally enforced when they are voluntarily and properly prepared and exchanged.”
neys’ fees and costs for viola- tions. Waivers and releases are effective at cutting costs and reducing risks because they are generally enforced when they are voluntarily and properly prepared and exchanged unless there is a
Waivers and releases can cut costs Waivers and releases can help you to quickly prevent liens and claims, and resolve disputes and lawsuits. They can also save you time and money by deterring defaults
Jerry Nelson
Black’s Law Dictionary states that a waiver or re- lease involves giving up or abandoning of a claim or
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