Home>Levelset Community>Legal Help>I had a roof replaced. Roofer filed a NOC and used a few subcontractors. I paid the initial $2000 deposit and still owe another $3000. What release of lien, no lien or other form do I need to have the roofer sign and the subcontractor sign to make sure that when I make final payment that there is/are no liens and nobody can file a lien for the reproof?
I had a roof replaced. Roofer filed a NOC and used a few subcontractors. I paid the initial $2000 deposit and still owe another $3000. What release of lien, no lien or other form do I need to have the roofer sign and the subcontractor sign to make sure that when I make final payment that there is/are no liens and nobody can file a lien for the reproof?
want to make sure that once I make payment in full that there are no liens and that roofer and subs cannot file liens.
1 reply
Apr 16, 2018
This is a good question - it's always a good idea as an owner to keep an eye on your projects. By being more actively involved, an owner can make sure that payments are made appropriately, lien waivers are gathered, and the project/property remains free of lien claims. Since a lien could ultimately be filed by anybody that provided labor or materials on the project (whether or not their identity was known to the owner) it pays to be vigilant and work for visibility on the project.
Florida provides some help in this regard. In Florida, an owner may request from the contractor a list of all subcontractors and suppliers who have any contract with the contractor to furnish any material or to perform any service for the contractor with respect to the property. Further, a Florida property owner may request an affidavit of payment from the GC that attests that all parties on the project that provided a notice to owner have been paid, or list the parties remaining unpaid (and the owner may withhold payment until receipt). The response to these requests can provide a nice starting point for identifying the parties from whom a lien waiver should be obtained.
Commensurate with making payment, whether a progress payment or a final payment, lien waivers should be obtained from all parties. It is generally easiest to get a lien waiver directly from the GC and have the GC obtain lien waivers down-the-chain. The waivers act as a receipt for payment made or anticipated and work to waive the ability to later file a valid lien against the property.