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.
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?
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?
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