We have a general contractor we did work for. I have sent in all the payment paperwork requested, but never received the first payment. We completed the job in March '22. They sent through the request for the paperwork for the retainer and I sent it with a conditional waiver. They don't want to release the checks to us until I send an unconditional, but I'm hesitant to do so since they have a history of withholding payment for long periods of time. How should I proceed?...Read More
Do lien waivers still hold value or are they null if the Preliminary Notice was not sent to the General Contractor? We are a subcontractor working with a GC, and we failed to deliver a preliminary notice. If we were to send a lien waiver out with our invoice, would that hold up if we needed to proceed with the lien?
Our company works as a sub-subcontractor providing construction labor. We filed a Mechanic's Lien via Levelset to the County Courthouse. We have been contacted by the responsible party, alluding that we will be getting paid. Once we get paid, do we need to file any paperwork with the County Courthouse to release the lien or if the responsible party submits an unconditional waiver/release of lien is that sufficient?
Hello, I have three questions with respect to the Conditional Waiver and Release Upon Progress Payment and Final Payment Forms. For context, I am a property owner and would like to limit liability from both tort claims and non-payment by my general contractor ("GC") or his suppliers/subcontractors ("SS"). I only contract with/pay my GC directly, he then pays the related suppliers/subs.
1. For the conditional waiver and release upon progress payment form, must I require my GC to get a release form signed by each of his SS for every progress payment?
2. Can I instead have the GC sign one conditional payment form in which he agrees to pay all SS and indemnify me from any liens or other claims any SS might bring against me? This way I can just have the GC list the names of all SS to one Conditional waiver/release form instead of requiring 10+ each time.
3. If I can't do #2, can I at least do this for the final payment release?. I want to put the responsibility on the GC to ensure all SS are paid and have no grievances/claims (payment or injury) against my property resulting from the construction since he was in direct contact with them, managed the construction site, and is in the best position to ensure payment/prevent injuries/claims arising from his conduct or SS....Read More
Hello. My company is trying to receive payment for a construction job. The GC is requesting two lien releases:
1. Unconditional Waiver and Release Upon Progress Payment for $51,035. They want this prior to sending the check for this amount.
2. Conditional Waiver and Release Upon Final Payment for $2,500.They also want this prior to sending either check.
The way I read this says if I sign 1. I must have the 51K check in hand already.
If I sign 2. that is saying $2,500 is the final payment; however, I am still owed the 51,035.Can you help me understand this better?
Thank you, Karlie...Read More