I am a material supplier. An Oregon contractor paid me through November 2022, and I provided an unconditional waiver through November. They now made their 2nd payment through December 2022, but are asking that the 2nd unconditional waiver have the total amount received on the project (total of both payments), rather than just the amount of the 2nd progress payment. Can I do this?...Read More
I have recently changed up the way I create construction progress waivers which are signed by our vendors and then submitted to our customers (the GC.) This both reduces chances for errors and cuts my waiver creation time in half. Part of this requires that the conditional month always be listed (i.e. 10/1/2022 - 10/31/2022) and if we're unconditional I'll put $0.00 in the conditional side and 10/31/2022 in the unconditional side. Is this accurate? Logic dictates that a payment of $0.00 would automatically be "received," making the conditional wording accurate.
I just have one or two vendors who are completely confused by this. But this is a huge time saver for me and I believe it is fully accurate. I've not received any push back from the GCs (even the ones who like to push back for the sake of doing so.)...Read More
Is a notice of lien, Notice of procedure, and Consumer protection notice required to be sent to the owner of the property for any job that we do in the state of Oregon?...Read More
A Client has an outstanding invoice. They paid in full several invoices prior to the outstanding one, and have paid in full an invoice after the outstanding one. The holdup with the outstanding invoice is that some work was an emergency Change Order which we were told we would be paid for. Client is now saying the CO work was for Phase 3&4 work which the bank has not funded, but we accomplished under the Phase 1&2 contract. Client reluctantly paid a % of the outstanding invoice so we would keep working. Question: Client wants a conditional waiver for the percent of the outstanding invoice they paid. If I give them a conditional waiver for that % does that clear them of any responsibility for the remaining invoice amount?????? ...Read More
We are a general contractor with a client requesting Conditional Lien Waivers from our Subcontractors at each progress billing. Conditional Lien Waivers have the amount paid to the subcontractor listed. It seems odd that we would tell our client what we paid the subs for work. Any info is greatly appreciated....Read More
We use a combination Conditional/Unconditional waiver form.
If there has been no payment received, is it necessary to complete the unconditional section of the waiver? Leaving it blank?...Read More
I have questions about an “unconditional waiver of lien” form. My parents own a construction LLC business in Oregon. We work in subdivisions for new homes. Recently we received a letter from a contractor and we aren’t sure what it means. Based on what I was able to find, if I’m understanding this correctly, an unconditional waiver of lien means once we sign it, if the contractor fails to pay us for the work we do due to liquidation, bankruptcy or other things, we cannot get paid? I dabbled a little into what a mechanics lien is, if we sign this waiver, we wouldn’t be able to file a mechanics lien?
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Is it necessary to have a supplier lien release that lists a dollar amount, or would an unconditional through a date, no dollar amounts, suffice? I would want dollar amounts from our subs, just wondering if no dollars for suppliers would offer the same protection.
Sometimes we have a really hard time getting lien releases from our vendors for the correct dollar amount, as my amounts do not match their amounts. A lot of times it's due to coding the purchase to the wrong project on their end. Part of the problem is that when I submit my pay application to the GC by the 20th of the month, I don't have all of the dollars spent through the end of the month, so I have to detail what I have in my system, which doesn't always match the dollars in their system. And, you get into the coding issues as well. My GC is expecting a lien release from vendor ABC for $5,000, but the vendor shows only $3,000 got coded to the project, so they refuse to sign my lien release....Read More
I would prefer to deliver lien waivers without having to get them notarized. Having to go get them notarized just adds time until I get paid. Can the GC require I have lien waivers notarized?...Read More
I'm a GC working nationwide on commercial projects. I'd like to know if I have to request both kinds of lien waivers in any states, or if I can use my discretion as to what waivers I require, so long as I exchange statutorily valid forms....Read More