I'm not sure what i put for property name? is that the job site i will be doing ? or the company that will pay me for the job i will be doing for them? also invoice/ payment application number ?is that the number i got from the state for the waiver ...Read More
I received a check for a project in UT. It included this lien waiver as a condition of endorsement:
In consideration of the payment of this check, the payee by endorsing &/or negotiation same waives & relinquishes all right of lien or claims payee now has upon the project described by common job name/number on reverse side herof. Undersigned further acknowledges & guarantees that it has made payment in full to all laborers & suppliers under its scope of work to date hereof.
Is this a conditional or final waiver? Do I completely waive my lien rights if I endorse a check with this terminology? ...Read More
46—Liens:Lone Peak Masonry shall:(i)indemnify,defend,and hold harmless Stapp Construction,Inc.all
Equipment furnished by subcontractors of any tier(including any liens or claims based on the failure or alleged
failure to maintain a payment bond);and(ii)keep the work and said property free and clear of all liens or claims
arising from the performance of any work covered by this contract by Lone Peak Masonry or its subcontractors
of any tier.
If any lien arising out of this contract is filed,before or after work is completed,Lone Peak Masonry,within
ten(10)calendar days after receiving from Stapp Construction,Inc.written Notice of such lien,shall obtain are lease
of or otherwise satisfy such lien.If Lone Peak Masonry fails to do so,Stapp Construction,Inc.may take such steps
and make such expenditures as in its discretion it deems advisable to obtain are lease of or otherwise satisfy any such
lien or liens,and Lone Peak Masonry shall upon demand reimburse Stapp Construction,Inc.for all costs incurred
and expenditures made by Stapp Construction,Inc.in obtaining such release or satisfaction. If any non-payment
claim is made directly against Stapp Construction,Inc.arising out of non-payment to any Subcontractor(including
any liens or claims based on the failure or alleged failure to maintain a payment bond),Lone Peak Masonry shall
assume the defense of such claim with in ten(10)calendar days after receiving from Stapp Construction,Inc.written
notice of such claim. If Lone Peak Masonry fails to do so,Lone Peak Masonry shall upon demand reimburse Stapp
Construction,Inc.for all costs incurred and expenditures made by Stapp Construction,Inc.to satisfy such claim.
I have had a horrible experience with a detached garage build. to summarize: we are almost done 2 months after the initial deadline, there have been multiple failed inspections (most of which were skipped until the final), the contractor was forced to redo many things after the inspections, one sub asked to be paid directly because he had no faith in the contractor, and I never got the correct foundation poured with ledge walls as was agreed upon in the contract.
the contractor asked for an advance on the final payment, which I declined. We are nearing completion and I was served a writ of garnishment due to a successful lawsuit against the contractor where they will be garnishing his wages.
At final payment I plan to dispute the cost since the foundation is incorrect. But, I am highly suspicious that the subs arent going to get paid and when I asked for waivers of lien, he explained that the demo crew and framers are his employees so they dont provide waivers. How can I make sure I get all of the waivers before I release payment to the court? ...Read More
We have had significant delays with our home remodel. We are heading into our 6th month of a “3-4 month” project. Our GC tells us it’s sub and supplier delays. Our cabinet maker would not deliver our cabinets because he’s had issues getting paid by our GC on previous projects. He did deliver and I witnessed our GC write him a check; however, I’m concerned. Am I legally allowed to ask fro lien waivers from my GC, his Subs and suppliers prior to giving him the last payment of the project? From reading your page, it seems the waiver would not be effective until payment was made. We will pay in full, but want the lien waivers to protect us.
Also, if work is not done to our satisfaction, are we legally able to withhold payment until done correctly (I.e., we got a new window, the mortar does not match the rest of the house. It’s obviously a very different color). ...Read More
Hi I live in Utah I have my own painting business. Just recently started this business. I finished a project now I am being asked to fill out a lien waiver before receiving payment. Should I move forward? Any advice?...Read More