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I am a residential home owner in Louisiana about to hire a roofer to replace my roof.

My insurance company has agreed to pay for replacement of my roof after storm damage. The roofer has the following language in his contractual terms and conditions: Any person or company supplying labor and/or materials for this improvement to customer's property may file a lien against customer's property if that person or company is not paid for the contributions. Do I need a Lien Waiver? Thank you, Toni

1 reply

May 27, 2020

Any time work is being done on your property, it's a good idea to collect mechanics lien waivers in exchange for payment. Ultimately, waivers should be treated a lot like invoice receipts. Levelset discusses that in detail in these articles: (1) How To Handle Requesting & Tracking Lien Waivers; and (2) The Property Owner’s Guide to Lien Waivers. Regarding that specific language you shared - that probably shouldn't be a cause for alarm. It sounds a lot like the language required in a Notice of Lien Rights under Louisiana's Residential Truth in Construction Act. And, it's purpose is to make sure that you're aware of the possibility that lien rights might be available if someone goes unpaid later on. Honestly, it sounds like that required notice worked just like it's supposed to by bringing the potential for lien claims to your attention! Now that you're informed of that possibility, you can properly collect waivers and make sure no liens get filed. Good luck with your project!

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