My husband and I are going to have a cabin built on a piece of rural property that we own. We are going to be self financing, and basically acting as the GC. Where can we get a lien waiver template to use, and will we need to get them notarized to be legally valid? Also, do we need to file those with some authority, or just keep them for future reference....Read More
I had a roof installed in 2019. The contractor provided a final invoice November 2019. We have paid $10,000 of $13,701.98. I have attempted to contact the contractor multiple times to discuss final payment as there were three issues I wanted to address before payment. I had asked that the invoice reflect a line item specifically for debris removal as it would be covered by insurance; there was a manufacturer's rebate for veterans that did not appear to be applied; and there was property damage for which we paid and were told would be reimbursed. I had contacted them a few times previously by email and left phone messages, and then again most recently on Jul 1, 2020 and then again on July 27, 2020. Since I cannot get a response, do I need to send a lien waiver or since it's been well over 60 days since services were rendered, can I assume they cannot come back to me asking for any further payment?...Read More
We have a contractor requiring an unconditional waiver (they call it conditional with a "trigger statement", but the waiver says Unconditional at the top and states payment is received) but we have not been paid on this job. They note that this waiver is signed by all subs on all jobs regardless of situation. The waiver states we as subcontractor have been paid. Their trigger statement is below. Is it legal to require us to sign this without knowing when we will get paid?
"The remittance of the Contractor (whether by check payment or virtual card payment), and marked “paid” or otherwise canceled by the bank against which said remittance was drawn, shall constitute conclusive proof that said invoice(s) were paid and that payment thereof was received by Subcontractor and this lien waiver shall become effective automatically and without requirement of any further act, acknowledgment, or receipt on the part of the Subcontractor named herein."
Thank you in advance! ...Read More
In particular, this is underground infrastructure work on a federal Department of Defense installation in Missouri.
If the answer is "no", is there any reason to obtain lien waivers from the Material Suppliers and/or Subcontractors? ...Read More
I normally work on private projects where subcontractors provide lien waivers with their monthly payment applications. I am working on a federal project and my understanding of the Miller Act is that there is no "lien waiver" but rather "bond claims". Is there any monthly documentation (similar to a lien waiver on private projects) that subcontractors need to provide monthly on federal projects? Or is the process just that they file a "bond claim" whenever they are not paid?...Read More
I am currently negotiating with a roofing contractor to re-roof our residence in Missouri. He will be providing both labor and materials. What kind of lien waivers will I need to protect myself from the possibility of a supplier filing a lien for the contractor not paying for materials? Will I need a lien waiver from both the contractor and the supplier?...Read More
I am about to sign a contract for landscape work on my private residence. Should I ask the contractor for a lien waiver? If so, should I do so before I sign? Finally, the contract includes "Consent in hereby given for filing of mechanics lien etc.". Does this mean that I am not requesting a waiver?...Read More
I live in Missouri and am selling my condo.
I completed minor upgrades (painting, fixtures, new stove and frig). My Title company is requesting receipts and lien waivers for all work done in the past 12 months for the new smoke detector and anything over $250.00
Other Title companies only require receipts and lien waivers for capital improvements done by contractors and only within that last 6 months.
Can my Title company request documents that other companies do not?
Can I change Title companies before my condo sells?
Is a verbal agreement allowed to have a lien waiver and if so the party owing the money even though a verbal agreement was made loves the work but not the price tag now is this a small clams case...Read More
We are the contractor on a job in MO. We hire the SUB'S. Some Sub's submit an invoice for their labor including material, so I was asked to collect a MATERIAL LIEN WAIVER signed by the Material Supplier showing that the material we are paying the sub directly for has actually been paid to the supplier. Do you have a generic MATERIAL LIEN WAIVER form available on your site? Thank you!...Read More
Missouri is one of the only states has statutorily required waiver forms. It appears the only form that is determined by state statute is the Unconditional Final waiver. Is this true, and if so, what kind of form should Missouri contractors use for Unconditional Partial or Conditional Partial/Final Waivers?...Read More