I am an HVAC Contractor in the State of Virginia, I finished the job I got paid the majority of the payment but not the final payment, homeowner asking I need to sign a Conditional Final Payment and Release of Lien Waiver then he will pay the final payment by check, the question if legally I have to sign also if his check returns what is my option?...Read More
I have a subcontractor that signed a final and unconditional lien release for payment on a job where he did not pay for materials. We are the supplier and can not go after the GC or Owner as they already have a release from him and have paid him in full. We are still within our lien rights for the full amount. Other than civilly going after him do we have a criminal action we can push? This guy has done this before and while we would like the money we would rather have him charged. What do you think?
Mark.clifton@freedommaterials.com...Read More
I am a subcontractor for HVAC work done at a Gold's Gym in Arlington VA.
Our supplier York international who provided roof top units has filed a lien for non payment
We are being told by the owner and GC that they must submit a release in order to get final payment. However, I have not been paid in full as they are submitting back charges that we were never made aware of until yesterday and the project t is complete. They owe Over $60,000 in retainage and CO but want to reduce our contract about $17,000. Do we legally have to pay YORK to release the lien even if we are not fully paid?
I have signed a partial lien waiver for portions of this contract.
...Read More
We are a subcontractor on a public project in Fairfax VA for the Fairfax County Housing & Development Authority. The GC is based out of Maryland. The current Balance is $93k. GC is insisting we sign an Unconditional Lien Release in order for them to release payment. (They are paying 95%.) They will not accept a conditional release. Terms of the contract state "all Waivers of Lien and Subcontractor’s Affidavits shall be in a form that is acceptable to GC". I am not giving up our bond claim rights without having payment in hand. Job is bonded but we failed to send the required Preliminary Notice. Can you advise a way to proceed? Thank you in advance for any help.
Melissa Benson
GameTime
256-997-5296
...Read More
We are a subcontractor and filed a mechanic Lein on a project in Virginia due to payment issues.
We're agreed on the final amount. How can we release the lien on the property?
Thank you,
Nalan Mutlu
nalan@unitedstoneandtile.com...Read More
The GC is requesting to sign "Partial Payment Release and Indemnity Agreement", even we haven't received the payment now. Can we Waive Rights Before Payment in the Massachusetts state?...Read More
Hi
I am the owner representative on a med-large size condo renovation. Prior to my entrance at the request of the owners, they had paid their very inexperienced GC approximately 70% of the contract and they had only completed approximately 29% of the work.
Upon my arrival, I immediately began to require all of the paperwork that would be required during the normal course of any construction job. Including lien releases from the GC and all subcontractors. The GC had been working with us and had requested additional payments (still overpaid) for contract change orders that he had not previously billed for, but needed to be reimbursed.
He is refusing to provide the lien releases from anyone and expects payment in full to go to him (no joint checks, but also will not provide progress releases from his subs)
Is there anywhere in VA Construction law that prohibits the use of Conditional Progress Releases Upon Payment and Unconditional Progress Releases for work that is already completed?
Thanks...Read More
I am a supplier providing good to a project in VA.
The customer who is the GC, required a payment application be signed before agreeing to make the final payment. The payment app included a waiver as part of the language. We signed the payment application, but stamped it with the words "Do Not Record. This is a Copy." Does that stamp have any impact on whether the waiver is still valid? In other words, can I still file a lien ?...Read More
Hello, is it required in the State of Virginia for the lien waiver to be between the contractor and the owner of a property for a commercial office building? For example, if one of our tenants gets a lien waiver from one of their contractors based on their independent third party contract for work within their leased premises, should the Landlord prepare an additional lien waiver between the property owner (Landlord) and the Contractor?...Read More