What is the best practice when requiring a subcontractor to sign a partial unconditional waiver as we don't have a notary onsite? If the form needs to be notarized every time we pay a subcontractor, what's the best way to ensure that it's done and sent back to us?...Read More
Shawmut Construction asks their subs to sign a lien waiver and send it with their payment application. Here's one of the lines from the waiver:
"The undersigned has received payment in full, less Retainage, if any, for all labor, services, materials, fixtures, apparatus, and/or equipment furnished in the construction of the Project through the above Application for Payment Period and there are no outstanding claims against Shawmut Design and Construction, and/or its sureties, or the Subcontractor/Supplier, in connection with the Project."
It sounds like they're asking me to say that I've already been paid...in order to get paid. Is it legal for them to ask a sub to sign this before payment is actually made? ...Read More
I am working in Massachusetts and am familiar with the statutorily-prescribed partial conditional lien waiver form to be used during a job. The landlord is requiring final, unconditional lien waivers from all parties, however, which show that payment has been made in full (including retainage) and waiving all lien rights. Since there isn't a statutory form for this, can I use my own form? Or what should I do instead? I know editing the existing statutory form can cause issues with enforceability.
Thank you!...Read More
We are a GC with an owner who is requesting Partial Conditional AND Partial Unconditional Lien Waivers for each payment app. Massachusetts has a statutory lien waiver form "Partial Waiver and Subordination of Lien". But the language of the form, particularly the most important part "upon receipt of", reads like a conditional lien waiver. I don't understand how we are supposed to make a Massachusetts partial unconditional lien waiver. ...Read More
A CONTRACTOR (CLIENT) IS REQUIRING "FINAL LIEN WAIVER" IN ADVANCE OF FINAL PAYMENT.
QUESTION: How can we be assured of receiving our FINAL PAYMENT if we execute the Final Waiver prior to getting the payment?
WHAT IS THE TYPICAL PROCESS?
I am often required to sign lien waivers prior to getting paid by certain customers, but the lien waivers clearly say that I acknowledge and certify that I have been paid in full; when I have not. Is this legal? I am in MA but the company I am concerned about is headquartered in NY. thanks ...Read More