I believe a person was impersonating as a licensed general contractor. When I verified the license in GA, the license belonged to a completely different individual. When I called the provided insurance carrier of the general contractor, the insurance company said the company did not have an active policy. Unsafe electrical and structural work has caused many problems but I do not know the proper legal process to follow. I believe a breach of contract seems correct however since the company has no verifiable information or entity, it actually sounds more like fraud and criminal negligence?...Read More
*Note: In the state of Georgia* 1. If I performed work unlicensed, and later (After the project) acquired my license, would I still bare no claim to compensation? 2. Does general landscaping work require a license? Is it considered the same as "contractor?" 3. If Georgia courts do not give rights of compensation, to an unlicensed contractor, for a project that requires a license, how can you find out if the project required a license? Are there specific guidelines or is it general case-by-case?...Read More
What if I discover my builder did not use a licensed electrician? No licensed electrician ever stepped foot on our property. Name on subcontractor affidavit turned into the city had an electrician name and company listed that our builder was totally unfamiliar with. Am I obligated to pay builder for electrical work?...Read More
OUR SALES REP AUTHORIZED A PAYMENT PLAN FOR ONE OF HIS FRIENDS. WE WERE NOT AWARE. HE IS NO LONGER WORKING FOR US. I FOULD OUT WHILE I WAS AUDITING HIS INVOICES / ESTIMATES. WHAT CAN I DO? HE GAVE HER 6 MONTHS TO PAY AND IT STATES ON WHATEVER DAY SHE CHOOSES..? ...Read More
Hello - The GC sent over a lien waiver that they want signed with their monthly billing.
This is for a progress payment as the project is still ongoing. However, I am concerned about the wording at the top of the page.
Typically progress lien waivers are through that particular months billing period NOT the full and final contract date.
Here is a copy and paste of the wording less the GC's name and project address....................
"State of: GEORGIA PROGRESS SUBCONTRACTOR RELEASE AND LIEN WAIVER
The undersigned represents and warrants that it has been paid and has received (or that it will be paid and will
receive) $ ______________ . ____ as full and final settlement under the Subcontract Agreement dated __01/18/23____"
1. The undersigned and the Contractor have fully settled all terms and conditions of the Subcontract Agreement (including any
amendments or modifications thereto), as well as any other written or oral commitments, agreements, and/or understandings in
connection with the Project.
2. The undersigned has been paid in full (or it will be paid in full via proceeds from this pay application) for the labor, services,
and materials in connection with the Subcontract Agreement, including all work performed or any materials provided by its
subcontractors, vendors, suppliers, materialmen, laborers, or other persons or entities.
3. The undersigned has paid in full (or it will pay in full via proceeds from this pay application) all its subcontractors, vendors,
suppliers, materialmen, laborers, and other person or entity providing services, labor, or materials to the Project; there are no
outstanding claims, demands, or rights to liens against the undersigned, the Project, the Contractor or the Owner in connection with
the Subcontract Agreement on the part of any person or entity; and no claims, demands, or liens have been filed against the
undersigned, the Project, the Contractor or the Owner relating to the Subcontract Agreement.
4. The undersigned releases and discharges Contractor and Owner from all claims, demands, or causes of action (including all lien
claims and rights) that the undersigned has, or might have, under any present or future law, against either of them in connection
with the Subcontract Agreement. The undersigned hereby specifically waives and releases any lien or claim or right to lien in
connection with the Subcontract Agreement against Contractor, Owner, Owner’s property, and the Project, and also specifically
waives, to the extent allowed by law, all liens, claims, or rights of lien in connection with the Subcontract Agreement by the
undersigned’s subcontractors, materialmen, laborers, and all other persons or entities furnishing services, labor, or materials in
connection with the Subcontract Agreement.
5. The undersigned shall indemnify, defend, and hold harmless Contractor and Owner from any action, proceeding, arbitration,
claim, demand, lien, or right to lien relating to the Subcontract Agreement, and shall pay any costs, expenses, and/or attorneys’
fees incurred by Contractor and/or Owner in connection therewith.
The undersigned makes the foregoing representations and warranties with full knowledge that Contractor and Owner shall be
entitled to rely upon the truth and accuracy thereof.
The undersigned certifies and warrants that the undersigned has the power and authority to execute this release and lien waiver on
behalf of the entity named herein and that such entity is bound hereby.
I, a Notary Public for the above State, certify that the ‘undersigned’ has personally appeared before me and has stated that he/she
holds the title as he/she has written and has the power and authority to execute this document.
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY FOR THE AMOUNT PAID AND LISTED ON
THIS LIEN WAIVER. IT STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS FOR THE
AMOUNT ON THIS LIEN WAIVER. THIS DOCUMENT IS IN FULL FORCE ONCE YOU SIGN IT.
...Read More
work was done on june 7. when he informed me if my car wasn't paid in 3 days .501.75 dollars storage fee would start 35$ dollars a day which I agreed to pay.On July 22 I contacted him he told me that my car was sold...Read More
I was working for a builder, who wanted to use my business for Cabinet material, installation, and Labor. After invoices and drawings had been sent, she approved and while the job was being worked on, she continue to add more stuff. We added all of that in the invoice, anyways we finished the job and she hates the job and does not want to pay, we offer a discount, and she accepts. And she still doesn't want to pay. Since October she has been saying she wants to sue us for lack of work, but its February and we have never received anything from anyone. In January we reach out to the owner explaining that, this builder has not paid us and we gave her a letter for a notice to file for a lien. The owner then said, that this Builder has been paid and then the builder re messages us, and said that the owner is lying and had not fully paid her either... So they're both not giving us a solution and I want to place a lien on the house....Read More
I work for a contractor who did 2 Phases of a large project. On the 2nd phase, the owner paid us everything but held $28k on the 2nd to last invoice. She paid the majority of that invoice but said she was holding the $28k until the job was complete. At that time, we were still working out there. We had no reason to think that she wasn't going to pay the rest once we were complete. Now, she is refusing to pay because of some warranty items that need to be replaced. We have explained that the items are warranty and will be replaced once we are paid in full. I have filed a lien but I don't know how to proceed....Read More
We hired a Contracting company to do a fire restoration project. The company had a qualifying agent listed on their license but had a project manager onsite to supervise work and meet with building inspector. Is this legal? Does a general contractor have to be onsite for the project?...Read More
With interim waivers is the sum amount the total amount paid to date? or the amount being issued. When signing a lien waiver in GA how is it done electronically with the witness? Does the witness need to be beside the signer when filling it out? Is the DocuSign the witness factor? I would like super technical details...Read More
I work for an electrical company and one of our subcontractors are requesting a Lien Waiver and we have never dealt with a Lien Waiver before. What are some key points we should know about?...Read More