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Joint Checks Questions
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Joint Checks
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The Gen contractor whom I have have successfully worked for 5 previous jobs is not paying me. There is no work related problem.
I entered into a verbal agreement to provide finish carpentry in a church remodel.
Now I completed the labor for a mutually agreed $2.300.00. The Gen contractor will not return my many calls, texts and emails. I sent multiple copy of a payment invoice.I have received 0 dollars on this project.I am not licensed at this time as I am partially retired. I last worked in the church on Sept 18, 2020. Can i file a legal mechanics lien on the building to get paid?
MichiganGeneral Contractor denied signing a JCA. They are insisting on issuing joint checks to us if supplier prelims (which we be our company, the Sub-Subcontractor). Please clarify if we are to prelim any particular way or special prelim needed for the GC
for every billing or one time prelim that is typically sent out would suffice?
CaliforniaI am a subcontractor/material supplier and am often hired by prime contractors directly. Can I enter into a joint check agreement with the property owner to ensure that I get paid by the prime contractor?
ArizonaI am a material supplier. My customer is a subcontractor and or general contractor on many jobs. My customer goes bankrupt. I inform the GC's and property owners to send a joint check. Many of them send joint checks to the subcontractors PO Box for payments. It turns out the PO Box is controlled by the subcontractors secured lender. The secured lender cashes the checks without proper endorsement from the material supplier. The secured lender claims the money was theirs as they had a first lien on the subcontractors receivables. What happens now? I am now in a position to file liens on projects where the end customers has already paid for the materials via a joint check.
OregonWe receive a joint check as payment on a project. We are a material supplier, the check is issued by the GC and is payable to the sub (our customer) and us (Material supplier) Banks do not want to accept this deposit. Are there any rules governing this situation? Thanks, Pam
CaliforniaHi
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
VirginiaWe have hired a contractor to do repairs and roofing on our home. He is using sub-contractors to do the work. We want to make sure that when we pay him, that if he does not pay his sub-contractors, or for materials received from suppliers, that they will not be able to place a lien on our house for their payment due. Does a lien waiver provided to us by our contractor insure that his sub-contractors cannot place a lien on our house?
ColoradoOur standard joint check agreement has the phrase "This Agreement shall be interpreted in accordance with the laws of the State of Massachusetts." Is this necessary?
MassachusettsWe sent a Notice to the Lien Agent, which is causing the property owner some concern. First, he thought it was an actual lien and wanted to understand why the notice was sent and who the lien agent is. I was able to reassure him that it was just a notice. However, although our payment from Cape Fear Solar is not due until June, the owner is refusing to pay them until they pay us so that he can guarantee his project will not be subject to a lien. He said they are a non-profit organization and he needs to protect himself.
I tried to explain that he is required to pay Cape Fear per their agreement so that Cape Fear can then pay us as the supplier. This did not go over with him.
Do you have any suggestions on how I can properly resolve this with the owner?
CaliforniaWe are a material supplier, the sub sub did not pay us even though they signed a lien waiver to the Sub Contractor. I filed a claim with the GC Bond as it is a public job. Now the Sub COntractor wants to enter into a Joint Check agreement with me to get us paid
GeorgiaWhen filing a lein is there an option to file a joint check?
CaliforniaWe are general contractor. One of our subcontractors sold their receivables (invoice) to a financial services company. It looks like the subcontractor is really suffering and may be filing for bankruptcy soon. However, the financial services company is trying to get collect on the receivable from us. They (financial services company) just filed a UCC Financing Statement. In the past few weeks we were issuing joint checks to the subcontractor and their supplier. The financing company is asking us to remit all payments to them. Who do we pay? Does the financing company have rights against us if we didn't pay them? Does the sub have rights against us if we pay the financing company? What's the effect of the UCC statement and/or does the financing company somehow have the subcontractor's lien rights to protect them?
CaliforniaWe used a general contractor on a home insurance claim. We did not know about another check being issued and the contractor got more money from insurance company and forged our signatures. Can I get them for check fraud in civil court?
Delawarewhat is the law about issuance of joint checks and how they need to be issued? we have a new software program and vendor set up is not allowing 2 names on a check. I need the law to show the programmers how the check needs to be issued. In the past both names would be on the check with "and" separating the names. All reference materials from workshops in the office were thrown away and i have no resource materials to reference. The paperwork and all legal requirements have been met.
Please advise
CaliforniaWe received a copy of the supplier invoice billed to the sub, sub billed us the same amount to cover the supplier. Both names listed on one unconditional, do I mail only to the sub? Or do I mail each a copy?
California