Our way of handling it is very simple and have used it a few times.
1. You and the company signed the contract.
2. A work order says what you will be paid.
If they fail to pay you then THEY have violated the terms of the agreement. I once had a company try to pull that waiver bit with me. My response was that since they failed to pay me then THEY did in fact violate the agreement which means it is no longer any good. Filed the lien and then finally got the money.
Just remember agreements hold BOTH parties not just the contractor.
One of the issues I continually hear in consultations is that the BOTG is bound or at least they believe that are bound by the one sided contract.
A contract by definition is;
a. An agreement between two or more parties, especially one that is written and enforceable by law. See Synonyms at bargain.
b. The writing or document containing such an agreement.
2. The branch of law dealing with formal agreements between parties.
3. Marriage as a formal agreement; betrothal.
a. The last and highest bid of a suit in one hand in bridge.
b. The number of tricks thus bid.
c. Contract bridge.
5. A paid assignment to murder someone: put out a contract on the mobster's life.
v. (kn-trkt, kntrkt) con·tract·ed, con·tract·ing, con·tracts
1. To enter into by contract; establish or settle by formal agreement: contract a marriage.
2. To acquire or incur: contract obligations; contract a serious illness.
a. To reduce in size by drawing together; shrink.
b. To pull together; wrinkle.
4. Grammar To shorten (a word or words) by omitting or combining some of the letters or sounds, as do not to don't.
1. To enter into or make an agreement: contract for garbage collection.
2. To become reduced in size by or as if by being drawn together: The pupils of the patient's eyes contracted.
To engage a person outside an organization by contract to undertake or produce.
In contract law you will hear the term "Mutuality of Agreement".
Loosely translated...two or more parties agree to the same thing....
That said once someone has not paid you...THEY have voided the contract and whatever the written word is inside the four walls of the contract is voided or at the very least "voidable" and if their is a lien clause it goes also...
For the most part though, in my experience a judge will not void the entire contract they will use the "serverability clause" and remove the lien waiver from the contract, again you need to be cognizant of the "Subject Matter Jurisdiction" as I pointed out in an article..by simply filing your claim in the city of the offending party, should you win your claim and the company does not pay in X-amount of time you can actually lien the offending company...yes lien their business....bet if the courts stop their incoming revenue streams they will pay immediately....