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final payment - what to put on the back of the check

Texas

In submitting the last payment to the contractor (insurance proceeds for hail damage) What to put on the back of the check - Need to be guaranteed that all contractors were paid on my residence. He has had problems not paying subcontractors or individuals on other job sites. Just found this out. His backer has quite backing him. The job is completed except for a couple of rooms and we decided not to do them right away. However, I want to pay for everything except the two rooms that were not done. Just want to be protected that he has paid everyone that has been on our property. I want to avoid any possible leins. He says everyone has been paid on our property. I can't read the terms and conditions - it wouldn't open up. Thank you

1 reply

Jan 11, 2021

Hello,

YOu are not putting anything on the back of the check. What you should request from him is Unconditional Lien Waiver on Final Payment from him and all of his subcontractors. What that means is they are releasing any right to place a lien on your house for nonpayment. You can give him a blank form and tell him to get everyone to sign it and you will release the check at the same time he hands those signed documents over.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com 

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