The requirement for lien waivers is dictated by the form of agreement utilized for the services performed. Contractors are encouraged to carefully examine the language pertaining to "liens" in agreements.
The railroad is not required to make any payment to the contractor unless the contractor shall previously have provided releases executed by all persons who might have mechanic's or materialmen's liens, stop notices or labor and material bond rights against the project arising out of the work performed under this agreement. The contractor shall pay in full all persons who perform labor upon or provide materials for the premises in connection with the work to be performed by the contractor. The contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against the premises for any such work performed. The contractor shall indemnify and hold harmless the railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished.
The railroad may, at its option, pay to persons employed by the contractor, or subcontractors, and to suppliers of materials and supplies for the work, any sums due for labor, material or supplies, and charge the same to the contractor as so much paid on this agreement. The railroad may, at its option, pay the suppliers of labor, material and supplies for the work who have not been paid by the contractor or subcontractor any amounts that could be the basis of mechanic's or materialmen's liens. The amounts paid will be credited against amounts due from the railroad to the contractor.