HI,
I hired a Asphalt company to pave my yard in April 2019 and I paid him in full.
Now; the supplier wants to put lien on my property because of my contractor didn’t pay for material around 32k.
The contractor is filing bankruptcy. I did not receive any lien notice either from contractor or supplier at the time of signing the contract.
Can they put lien on my property? What do I need to do?
Thanks,
...Read More
Customer paid in full on: 3/15
Customer requests conditional through this date: 2/28
Customer requests this on: 6/13
My question: Do you put that they paid in full on the conditional thru 2/28, or that they haven't (since the through date is 2/28 and they didn't pay at that point?)...Read More
Conditional Progress lien waiver in the Exceptions portion where it says Dates of waiver and release is that the date through on the previous waiver that it was signed or the date through that the billing was done for?...Read More
We are an A&E firm working on a large commercial shopping center. Our client is behind on payments so we are filing a lien. The client has requested a waiver, and we're not sure if a waiver can benefit us in any way. We are inclined to ignore the request, but will a conditional/unconditional waiver help us in any way? We are prepared to release the lien once the project is finished and we have been paid entirely....Read More
I am getting a customer right now who is requesting a $0 waiver for a UF for which they have not paid anything yet. We returned the waiver with the payment amount $5,000.00 (example).
They returned it to us and said the payment amount needed to be $0 in order for the bank to approve it, and that puting $5K in the payment amount made the waiver "upside-down". Is it still advisable to not grant a $0 lien waiver in this case?...Read More
I read that 12 states need to use the specific lien waiver form including the states where we do business. We use a software that generates lien waivers, and while it doesn't generate the form, it is worded exactly the same for each respective state. Is this OK to use, or do we need to use the form?...Read More
I read in the lien waiver fundamental class about not signing lien waivers with $0 amounts on them. But what I don't understand is when I can sign a conditional final, as I have only ever seen $0 CFs. I am from CA, and we also have customers from NV....Read More
When writing a conditional waiver do I include the amount from the previous conditional waiver in the grand total if I have not received payment from the previous conditional waiver? I wrote a conditional waiver for February and now they are asking for both March and April so as I write these conditional waivers do I keep including the previous amounts. I do see the exceptions section so I did put in there that we sent a waiver and didn't receive a check but im not sure if for the new conditional waiver make the amount of check we are owed a combined amount from the previous months or do I just write how much they owe us for the current month because I listed the previous month in the exception. ...Read More
Hello,
I work for a construction management firm (not a general contractor), and we approach the preliminary notices and lien releases from the property owner/client's perspective.
Our policy is pretty simple:
- Track receipt of prelim notices
- For pay apps, track conditional releases for current and final/progress for prior releases from general, subs, suppliers, etc.
- For final pay app, collect unconditional/final from general, subs, suppliers
- We have a form and policy to track individual prelims and releases
The problem is in the detail of tracking the prelims and releases. Here are some examples/questions we have:
- We don't often get copies of all of the prelims, so we don't necessarily know who to collect releases from. How should we manage this?
- Amount of release – we try to match it to the pay app schedule of values, but this often doesn't tie. Should we forget the amount and worry only about the date on the release?
- Should the total of all releases match the total of the pay app? Or specifically, should the subcontractor portion of the pay app equal the total of all subcontractor releases? What if they don't match?
- How do we know we've gotten releases from all subs and suppliers? We request subcontractor lists from the GC, but it doesn't normally include the 2nd tier or suppliers.
- How do we manage risk and protect our clients best? Is it okay to get 80% of releases for progress payments?
- What if the conditional release and unconditional releases don't match? For example, either the amount has changed, or the Through Date is different.
- If the Through Date on the unconditional release is later than the Through Date of the conditional release, is this okay to accept? What if the Through Date on the unconditional release is earlier than the Through Date of the conditional release?
- How do we handle self-performed work by the GC?
Thank you in advance for your help!...Read More
I’m a subcontractor on a job where I have filed my unconditional and conditional waiver of release progress payments. Have not been paid for the month of February or March. Can I file a mechanics lien...Read More
We are using Digital ACH Payment. The software requires a Subcontractor to sign an Unconditional Lien Waiver, next an ACH payment is made to the Subcontractor's bank account. Once the Subcontractor receives their funds, the lien wavier is released to the Contractor. However the lien waiver states
"NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP
PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND
STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS
DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU
HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL
WAIVER AND RELEASE FORM." Has California addressed this issue?...Read More
Hello, I work at a landscape company, we got hired as a subcontractor to perform a job. This contract included maintenance for a year, which was performed. We invoiced the general contractor (our client) and did not receive payment. The GC is claiming their client has not paid them yet so they cannot send us a check until they get paid by their client. ...Read More
Hello! The California Lien Waiver and Release has a "Through Date" field. What should I put here when the payment is a deposit, and is thus not related to a time period? Thank you!...Read More