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how do I prove I paid a contractor?

A fabricator did my kitchen and two bathroom countertops. I never received a price-I had a general idea because he did my aunts countertops. I never received a bid. There is no documentation on the contractors end. He botched the job. The job was around $2,500. We agreed to payment to him for $940. I want to make sure when I pay him that he can't turn around and still file a lien. How do I protect myself from him taking the money we mutually agreed upon and still filing a lien?

1 reply

Mar 16, 2020

Collecting a mechanics lien waiver in exchange for payment is an extremely common way for an owner to ensure that a mechanics lien won't be filed on their property for work that's already been paid. Ultimately, that's exactly what lien waivers are intended as - to act like receipts. So, when payment is made, owners should require a lien waiver in exchange for payment. More on lien waivers here: The Property Owner’s Guide to Lien Waivers. And, more on Utah's lien waiver requirements (including free, downloadable templates) here: Utah Lien Waivers Guide and FAQs. Additionally, it'd be smart to keep all documentation about the price, payment negotiations, and final agreements. If that was done via text or email, it might be worth screenshotting those communications and/or even printing them out for safekeeping. And, having a copy of the check given or banking information showing that payment was made can be helpful, too.

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