Reviewed September 7, 2026.
Leonard E. Riedl Construction, Inc. v. Homeyer, 105 AD3d 1391 (4th Dept 2013), shows why a release must be considered with the actual transaction. A contractor signed a document stating that work was complete, bills were paid and lien rights were waived. The trial evidence showed unfinished work, an agreement to make further payments and conduct inconsistent with a complete release.
The appellate court affirmed the payment award. It recognized the usual rule that an unambiguous release is interpreted according to its language, while finding that the evidence supported the trial court’s conclusion about what these parties intended.
Use accurate language at the payment exchange
The case does not mean that a signed final waiver can routinely be ignored. Before signing or relying on one, identify the payment, work period and rights being released. Reserve any agreed unpaid retainage, extras or disputed claims expressly. If payment has not been received and collected, consider appropriate conditional language instead of an inaccurate acknowledgment of payment.
Lien Law § 34 contains important rules and exceptions for lien waivers. A broader contractual release can raise additional issues. Keep the payment record, executed waiver and any agreed exclusions together so that the written documents reflect the deal.
Kushnick Pallaci PLLC assists clients throughout New York with construction contract, waiver and release review. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
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