I am trying to find out if there is a legal document or process that I can provide or go through in order to prevent my subs vendors from filing a lien, when subs have been paid... Legally speaking, if a vendor files a lien or sends an intent notice do they have to provide payment records to me? Do i need to supply payment records if I don't have a Conditional lien waiver? Also, should my company require all CLW's to be signed before releasing payments?...Read More
Hello, I see that Texas, Wyoming, and Mississippi are the states that require notarization for lien waivers. If those particular forms require notarization, are the forms still able to be executed via docusign? Thanks so much, Christen...Read More
I work for several entities that are development companies. Additionally, we are the part owner and the GC. We are a small company that has grown rapidly within 5 years. I have received intents to lien from various vendors of our subcontractors, whom have been paid but have not paid their vendors. If i do not have a conditional lien waiver for progress payment executed what do I need to provide the vendors inorder to prevent lien? Our contracts state the subs are responsible for their materials, tools, supplies and equipment costs and that amount is to be included in their bid packages- so when we generate and execute a contract the subs and my company have a meeting of the minds that they are responsible for covering their vendor fees. Am I missing a step? Should conditional lien waivers on progress payments be executed at time of contract execution? Are their any documents I should be providing and having my subs execute in order to prevent liens? ...Read More
Hello, I am a general contractor in Texas and a subcontract is emailing me a scanned copy of the unconditional lien wavier signed and notarized. Am I right in requesting he mail me the original letter that was signed and notarized? Or is a scanned copy valid?...Read More
I am a residential homeowner in Texas. My wife and I are contracted through a custom home builder to build our plan. We have continually paid him when draw requested initially after the job was completed, then during progress and lastly before work was even performed. The last several draws have pulled us into a heated dispute concerning quality of work or timelines for completion. Recently, we were notified of a subcontractor filing a lien against us from a draw we paid to him 3 months prior and another 2 additional subs discovered by us still unpaid. After confrontation, a month ago, he now says all bills are up to date. He won't provide paid receipts or invoices for proof and we have nothing in the contract that forces him to. He has slandered us with the subs and they will not discuss details with us to ensure our financial future.
How do we keep from paying twice or additional charges from contractors he has failed to pay up to date? Can we make him provide lien waivers from these subs under Texas law now after time has passed? The contract does state all subs will be paid by him although, there is no timeframe listed unlike what's found in the Texas Prompt Payment Act? Where do we go from here so that it will not happen?...Read More
On this commercial AIA project since Jan, standard AIA stuff we've seen before, including the conditional lien waiver. Now they want an unconditional waiver in order to get our first payment (after 2 other subcontractors have recently damaged the work we've done and had to fix/ redo). I would like to stop all work on this project, but I know I can't :-( What are my options? Thanks!...Read More
As a GC I have always provided Conditional and Unconditional Lien Waivers to our clients on a commercial job.
There is a new job that is coming up and the client is also requesting Conditional and Unconditional Lien Waivers from our Subs, Vendors, Manufactures, and pretty much anyone who will be tied to this job per payment request.
In the state of Texas, are the lien waivers required from our Subs and vendors to submit to the client in request for progress payment asides from the Final payment?
Thank you. ...Read More
New to the construction loan process. If I'm purchasing materials and supplies for the project from online vendors (i.e. vistaprint, global industries, amazon, etc.) do I need to get a lien release from those suppliers? ...Read More
For a lien waiver (conditional or unconditional) to be valid, does it need to have the relevant pay application / invoice attached? If so, is there a specific article that speaks to this being a requirement? The statement on the statutory form "The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s)." leads me to believe that this is a requirement however I wanted confirmation and to see if there are any other references I can point at showing this requirement....Read More
The General contractor is pushing us to sign a Final Unconditional waiver before the check clears the bank. We have explained that we do not sign any unconditional waivers until payment has cleared. They are refusing to pay. What do we need to do?...Read More
Hi, I'm new to the flooring Sub contracting industry and I don't know the exact difference between a conditional and unconditional waiver? I think I'm just not fully grasping the concept for some reason. If our GC's require vendor waivers for the previous month, to be summitted during the current months billing, do I use a conditional or unconditional waivers? Also, if I want to bulk multiple months such as July and August to be submitted with October's billing, which waiver do I use?...Read More
This company is trying to sell this location but can't because there is a lien still on file. we had signed an unconditional waiver for the amount they had paid of 19k leaving a balance of 47k. Since we signed the waiver when picking up the first check, does that mean we don't have lien rights If we decide to take to court?...Read More
I filed a Texas bond claim for the amount of $20,996.00 for payment application #3. The GC reached out to me and offered me a check for $5,000.00 for PA#3 and for me to sign a conditional lien waiver on progress payment to release the check to us and once we deposit the check the GC wants a unconditional on progress payment. Since our pay app #3 was for $20,996.00 and not for the $5,000.00, should we accept the $5,000.00 and wait for the rest of the amount? Or should I not accept the check for $5,000.00 and let the GC know that we will only accept a check for the correct amount of $20,996.00 that we billed for pay app #3?. I'm scared that our bond claim voids or cancels if I accept the $5000.00 and lose out on the remaining balance the GC owes us. ...Read More
Who is the subcontractor? K&B HOME AND LAND PRESERVATION. I'm the owner . Who is the general contractor or the contractor above them? A company out of Florida. (SOUTHERNCAT IS ABOVE THEM). Which company are you with? K&B HOME AND LAND PRESERVATION (SUB CONTRACTOR FOR the Florida/company). What kind of project is this? DEMOLITION/HURRICANE LAURA. Which lien waiver was sent? subcontracts supplies or service providers conditional waiver of lien, Agreement for Indemnification. Contractors payment affidavit as of Sept 29, 2020. no one is responding after forms was filled out. How would NOI and threat of legal action help us as company? do I have to filed them in Florida where the company is from? It say that in the original contract....we are in Texas. Do I need to contact the actual owner of the property?...Read More