Is it legal and/or wise to issue a lein waiver if the full payment was made by the customer for the project but the work has not been completed yet? The customer may be closing on the sale of a property before the project will be completed....Read More
I take care of the lien waivers for our lumber company.
We are working with Levelset to streamline our waiver system. However, they have a Scout team that found a different address than what we are finding out on the county website? How do I know which is correct?...Read More
We are a small company that started in November 2019. We engaged a subcontractor on a Cellular construction project. The subcontractor worked without a PO but submitted Invoices which we have been paying on time. Recently, they took off with the clients equipment (worth $30k) and now are threatening liens on sites if we don't pay them the balance ($32K) of their invoices. One of these invoices came due on 6/1 and the other comes due for payment on 6/8. We have sent them Conditional release of liens and have committed in writing (via email) to pay the agreed balance monies but the subcontractor refuses to sign the conditional release of liens until full payment is made.
We have a feeling that the subcontractor will file liens to extort money out of us once we make full payment against these invoices. Questions - 1. Can they file a lien? They don't have a PO. 2. What are our options in this case?
We need help! We are contemplating doing a police complaint against the material they took without anyone's permission.
I am a contractor. I took over an addition project from another contractor who had done a poor job with some of the framing and was fired. I did not have lien rights verbiage in the contract, nor did I supply it within the proper time frame from starting the work. My contract clearly states what work was included and clearly states the rate at which additional work will be billed. Of course there were changes and additions. For 90% of the project, I felt like I had an excellent working relationship with the owner and therefore failed to produce change orders when things came up, thinking they understood that they were asking for work beyond the contract and would be billed for it. Upon completion of the project, I produced a bill with the contract balance and additional charges. I provided a conditional lien waiver for the amount of the bill. The owner has refused to pay any of the bill unless I provide a lien waiver for the amount they want to pay which is about 30% ($4000) less than the bill. Did I lose my lien rights by failing to provide lien information at the beginning? If I provide the waiver they are asking for, can I file a lien for the rest of the bill? Does providing the lien waiver affect my rights or my chances of success in small claims court? The amount in question is about $4000, but there were a number of services I never charged for but would like to pursue if it's going to be a battle. Can I legitimately bill now for those services? It has been about 30 days from completion of all work and about 25 days from the final bill date....Read More
Superior contracted Dylan S. to complete a Low Voltage Wiring project at the Holiday Inn in WI. Dylan did not complete all of the original scope of the contract and it was mutually agreed upon that he would not be completing the full scope of the contract. Superior has been working with Dylan the past weeks to come to a fair resolution of amount due for the completed portion of the original scope of work. During this negotiation period, Solutions has submitted a Wis. Stats. 779.06 lien against Superior on Dec. 18, 2019. Superior holds a contract with Dylan, not Solutions for this project and Dylan did not disclosed that he had Solutions completing his work. We have paid Dylan close to 75% of the agreed upon project amount for work completed and have been working with him to finalize the last payment. According to the lien filed by Solutions, they are claiming that no money has been paid to them and Superior owes them the balance due. As Superior, how can we dispute the information provided for the lien?...Read More
We are asked to send lien waivers from our installers before we get paid for a project. Is there a way we can use a pay when paid type of waiver that will alow us to pay them out of the project instead of out of "our" accounts.
We sometimes use certified payroll forms for government projects and on those the installers state that they "are a self employed sole proprietor. Payment will be paid in a lulmp sum at the conclusion of the job. The job was billed at the rate equal to prevailing wage and total benefit package."
Could this form be used as a sort of lien waiver?
We received an intent to lien from someone who did sales/ commission work for the contractor we hired for our roof project. We haven’t made the final payment yet. Will getting the lien waiver stop the potential lien?...Read More