I will be administering the payment of funds to subcontractors on a job and want to know what/if waiver forms are required in exchange for payment and how do I protect myself for liens...Read More
I hired a contractor to paint the interior of my house and I agreed to provide the paint, and all other supplies. I purchased 2 five gallon buckets of paint for the walls and then an additional five gallon bucket for the ceiling. 6 tubes of caulk and 6 rolls of tape, 6 paint roller covers and 10 paint trays.
My house is 1281 sq ft. He started on a Monday and when I met up with him on Saturday ALL ten gallons of paint were used and hardly any of the ceiling paint was touched. All the tape was used, none of covers or trays used. And only half of the caulk was used. Unfortunately he had only done ONE bedroom completely, the second bedroom was originally white and only had one coat and it was all streaky. The hallway was a disaster. The master bedroom had two coats but needed the trim to be completed. Then the dining area and kitchen were spotty and the living room was untouched. Now he is wanting $1980. The paint itself was over $400. I had to fire him as he had only done two things right. Patching the walls and caulking some of the baseboards, not even all of them. What are my rights?...Read More
I am a builder and a residential home designer. After finishing a home design plan, the Owner is refusing to pay. Can I file a lien on the property, or on the project that has not started? I am not the GC, just the plan designer....Read More
I have filed a lien on a job because the customer stopped responding to texts or phone calls there is a final walkthrough needed but she refuses to cooperate and keeps trying to add more and more things to the job that are not part of her contract. this job has gone on for TWO YEARS now. Now she is suing me to remove the lien. What are my options?...Read More
We are in Arizona. Our preliminary notice and the notices filed by our vendors state the following information:
Project Address: Lakeview Trails SE Infrastructure, S Recker Rd & E Warner Rd, Gilbert Arizona 85296
Owners & Recipients:
Fulton Homes Corp - owner
Maracay 91, LLC - owner
Taylor Morrison Arizona Shannon Francoeur - owner
Toll Brothers AZ Construction Company Oscar Dominguez - owner
EPS Group - other
We are being asked revise our conditional final waiver and have our vendors revise their conditional or unconditional final waivers to:
Project: Morrison Ranch Lakeview Trails Southwest
On the job of: Maracay 91, LLC
Disputed Claims: Zero
Is this acceptable?
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I'm a subcontractor in AZ whose vendor is refusing to sign a lien waiver because a Preliminary 20-Day Notice has not been filed on the job. Our customer is refusing to release payment without the waiver. Is our vendor obliged to provide a waiver regardless of not filing a Prelim?...Read More
what if i have a contract that specafies that a mechanics lein is probable and expected to be done do i still sent a notice and what if the owner ignores the letter...Read More
I'm a subcontractor and have been working with a larger GC who has been stringing us out of the last 3 months. I need to know how to get paid after already signing a contract....Read More
Im a Roofer contracted with solar companies to repair/replace multiple roofs where they are doing solar work, should I be preliening them ?...Read More
Why would the GC we are working for request a $10 amount on all unconditional waivers from my suppliers? They have already been given conditional waivers from us and my vendors. ...Read More
I am a plumbing subcontractor working on a commercial job for a GC. The GC is refusing to mail my payment to me (which is already 30-60 days overdue) unless i sign an UNconditional waiver - or they refuse to mail my check. I tried to explain how the waivers (unconditional/conditional) work- but they are obviously do not understand the concept. They keep telling me they refuse because they can't leave themselves unprotected and it would be "bad business"- and that I am the "only sub on his jobs that seems to expect these 'special conditions'" and that I am "misconstruing the lien laws." We are only halfway through this pretty sizeable project-and I would rather file a prompt pay act violation than filing a lien-it's not the property owner- I know the owner has paid the GC- so I am not looking to make problems for the owner if not necessary.- but the pay apps were approved long ago and there are no issues with my workmanship- it is all the GC just not wanting to pay me. I am about to have a meeting with the GC and they have stated to me they REFUSE to release the money to me without that unconditional-so I just want to have my "ducks in a row" and say with utmost confidence that they are wrong- and it is breaking the law to hold my money for ransom for that waiver
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Our customer is requesting a conditional waiver and release on progress payment. We have not filed a lien or a prelien on the customer. Is a release necessary? What if the customer is requiring a release to make a partial payment? ...Read More
Hello,
We've historically cut joint checks for any conditional waivers that a subcontractor provides for its sub-tier subcontractors/suppliers in a given billing period. We currently collect a list of sub-tier subs/suppliers at the beginning of a project and add to the list as they become known to us (typically via preliminary notices or notification by our field personnel). Through the rise of waiver/payment services such as Levelset, I've been introduced to the concept of a sworn statement document being provided by the subcontractor each billing period to capture the amounts owed to sub-tier subs/suppliers.
Joint checks have always been a point of contention with subcontractors and they also create difficulties with the move towards utilizing electronic payment methods. Add in the reduced security in recent years with the increase in ATM and mobile deposit use (we've had subcontractors mobile deposit a joint check directly into their own account with no issue) and it just seems like there needs to be a better way.
How well does collecting sworn statements each period, backed up by waivers from each listed sub-tier sub/supplier, protect us? Compared to the use of joint checks? We primarily operate in Arizona.
Thank you....Read More