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Lien Releases Questions
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Lien Releases
All States
How do I get a lien release after it's been paid?
CaliforniaWhat will be the legal implication if a GC does not make sure his subcontractors comply with the local regulations of getting business licenses from the county. Is this a serious violation by the GC? Could a mechanic lien be dropped for this fault?
GeorgiaWe used the app to set a lien. The owner of the property is going to release the lien, but wants release of lien to be signed by Michal Mann " So that it’s consistent with the original filing, we have set this up to be signed by Michael Mann, who filed the original lien instrument. " Is this possible?
TennesseeLien was placed but contractor says they won't pay until its released. Whats the proper protocol to satisfy both parties
New YorkI filed a lien on the incorrect address, then amended the lien at the proper address. How do I show the property owner of the incorrect address that the lien is not on their property?
Californiahow does a homeowner ensure that the materials used in the construction project by the general contractor get paid and a lien will not be filed by the material supplier?
FloridaI live in Tex. I had a contractor back in 2007 damage the material before he brought it out to be installed. it was still installed. Also he did not go by the plans/blueprints so the city shut down the job. To say the least it was a disaster. I told him I would not pay him for this. About 6 months pasts and he had filed a mechanics lien on my property while I was out of the country. When I returned, I had my attorney send him a letter saying we were going to court. He sent me a letter saying that he would remove the lien. So I took his word he would do it. I have since lost the letter. The lien is still recorded on my property 9 years later. Can I and if, how can I file a removal action?
TexasI was a sub on a project the. one of my vendor filed a mechanic lien for late payment on my customer property. I took care of the payment and requested for record of lien release. after going through hoops i got a hold of the lien company. they told me they recorded a lien release with the county. My customer is hounding me for the info. is there a way to get that info from the county that it has been filed.
CaliforniaHello - The GC sent over a lien waiver that they want signed with their monthly billing.
This is for a progress payment as the project is still ongoing. However, I am concerned about the wording at the top of the page.
Typically progress lien waivers are through that particular months billing period NOT the full and final contract date.
Here is a copy and paste of the wording less the GC's name and project address....................
"State of: GEORGIA PROGRESS SUBCONTRACTOR RELEASE AND LIEN WAIVER
The undersigned represents and warrants that it has been paid and has received (or that it will be paid and will
receive) $ ______________ . ____ as full and final settlement under the Subcontract Agreement dated __01/18/23____"
1. The undersigned and the Contractor have fully settled all terms and conditions of the Subcontract Agreement (including any
amendments or modifications thereto), as well as any other written or oral commitments, agreements, and/or understandings in
connection with the Project.
2. The undersigned has been paid in full (or it will be paid in full via proceeds from this pay application) for the labor, services,
and materials in connection with the Subcontract Agreement, including all work performed or any materials provided by its
subcontractors, vendors, suppliers, materialmen, laborers, or other persons or entities.
3. The undersigned has paid in full (or it will pay in full via proceeds from this pay application) all its subcontractors, vendors,
suppliers, materialmen, laborers, and other person or entity providing services, labor, or materials to the Project; there are no
outstanding claims, demands, or rights to liens against the undersigned, the Project, the Contractor or the Owner in connection with
the Subcontract Agreement on the part of any person or entity; and no claims, demands, or liens have been filed against the
undersigned, the Project, the Contractor or the Owner relating to the Subcontract Agreement.
4. The undersigned releases and discharges Contractor and Owner from all claims, demands, or causes of action (including all lien
claims and rights) that the undersigned has, or might have, under any present or future law, against either of them in connection
with the Subcontract Agreement. The undersigned hereby specifically waives and releases any lien or claim or right to lien in
connection with the Subcontract Agreement against Contractor, Owner, Owner’s property, and the Project, and also specifically
waives, to the extent allowed by law, all liens, claims, or rights of lien in connection with the Subcontract Agreement by the
undersigned’s subcontractors, materialmen, laborers, and all other persons or entities furnishing services, labor, or materials in
connection with the Subcontract Agreement.
5. The undersigned shall indemnify, defend, and hold harmless Contractor and Owner from any action, proceeding, arbitration,
claim, demand, lien, or right to lien relating to the Subcontract Agreement, and shall pay any costs, expenses, and/or attorneys’
fees incurred by Contractor and/or Owner in connection therewith.
The undersigned makes the foregoing representations and warranties with full knowledge that Contractor and Owner shall be
entitled to rely upon the truth and accuracy thereof.
The undersigned certifies and warrants that the undersigned has the power and authority to execute this release and lien waiver on
behalf of the entity named herein and that such entity is bound hereby.
I, a Notary Public for the above State, certify that the ‘undersigned’ has personally appeared before me and has stated that he/she
holds the title as he/she has written and has the power and authority to execute this document.
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY FOR THE AMOUNT PAID AND LISTED ON
THIS LIEN WAIVER. IT STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS FOR THE
AMOUNT ON THIS LIEN WAIVER. THIS DOCUMENT IS IN FULL FORCE ONCE YOU SIGN IT.
GeorgiaHello,
GC sent a payment for an October and November payment. However we still have a second November invoice open. They are requesting an unconditional. Is it safe to submit an unconditional and list second November payment that is still open in the exception box?
CaliforniaSubcontractor states preliminary notice is affecting their ability to be funded by the bank. They have asked us to retract preliminary and once funding is approved, we can re-instate.
UtahFor a non-residential construction project in TX, does a mechanics lien Claimant need to file a lien release after being paid in full by the Buyer/Owner, or is sending a lien release document to the Buyer/Owner sufficient? What is typically done?
TexasI am a homeowner that had a tree fall onto/into my home. I hired a contractor to redo my roof, gutters, and bathroom. The contractor seemed sketchy from the beginning. After signing paperwork, he refused to give me copies of the paperwork (first red flag) - kept claiming he emailed them to me and there must've been something wrong with my email because I wasn't receiving his emails. He repaired the roof and gutters without issue. No further problems were found, no further materials were needed, the work was done in one day. Two weeks later, I got a phone call from my insurance company saying that they were issuing an additional check because they spoke to my contractor and were informed that all of the work had been completed. I informed them that the roof and gutters were completed, the bathroom was not. During this time, we informed the contractor that we no longer wanted him to do the bathroom because he was acting extremely aggressive. Fast forward ten more days later, I received another phone call that they were issuing yet another check, even more than the first check. I called the insurance to ask what the second check was for and they said for materials. No additional materials were purchased as all materials were purchased prior to the work being done and the work was done almost a month prior. I informed the insurance company representative of this and was told "they just issue the checks and it is up to the homeowner to distribute them accordingly." During the meantime, I have to go to a completely different state to cash the insurance checks because of the way my mortgage is written (they have to be included in the insurance checks and must also endorse - they also do not have a branch in my state and it would take a long time to mail out and have the checks returned). The contractor was informed of this and stated to take my time, he was in no rush. Apparently that was not the case as he informed my fiancé that he was filing a mechanics lien against my home without my knowledge. I was, and still have not been served with any documentation notifying me of this lien. However, after a county search, I found the lien. The lien contains false information (wrong date of contract, wrong contract amount, wrong reason that the amount had not been paid, etc...). All of this false information is detrimental to my character and I have enough going on in my life, the last thing I need is someone making me look bad after I'm already struggling. I paid off the amount of the mechanics lien to get it taken care of and notified the contractor that it was paid and he refuses to satisfy the lien with the court. I thankfully printed off a copy of the lien, the invoice with the lien amount, and the receipt stating it was paid because as soon as I paid off the lien he went online and changed the amount due and told me I owed him more money. I do not have more money to pay him, I don't know what to do and I want to get this lien off of my house and get this scam artist out of my life. I spoke to the county clerk and they said the contractor is the only one who can satisfy the lien without me contacting a lawyer and I do not have the money to do so. Help!
New YorkMy customer bonded out of a lien to sell their property. Do I refile the same lien or do I have to place a claim on the bond? I’m unclear on what my next step is.
OregonI'm run a solar sales organization. I have a client who paid cash for Solar, Roof and a new HVAC unit with ducting work. The HVAC construction company I subcontracted fir the job was a total mess. He came out to give an estimate and while we were still negotiating the projects cost. He started the job without a signed agreement between us and without any form of pdown payment exchanged for him to begin the job. He installed the unit that he knew a part in the furnace was on a recall. So it didn't work. He left a whole in the drywall near ducting system. He left gaslines unvalved and then was unreachable when we were trying to get him to schedule to come back to fix all the issues he had left on the project unfinished. We had to hiring another subcontractor to correct the issues inorder to pass the HERS test. Which added to the overall project expenses. When we sent him an invoice of the additional charges to fix his mistakes and for having abandoned the project. We deducted the additional expenses from the verbal agreement he made with us at $12,500.00, we did not hear back from him. In fact we have still not heard back from him since. However, he filled a Mechanical Lien against the homeowners and their property for $14,000.00. The lien he filed is fraudulent we never signed a subcontracting contract with him or his company at any time during the process of the project and installation. The property is in Napa County but their court house says the lien wasn't filed in their courts jurisdiction.
I need help getting to a resolution for both the homeowners and my company.
Considering that this contractor has numerous suspensions and violations on his licenses. I have a feeling that the lien my have been improperly filed and granted. Is there a way to determine if he also committed fraud when having the lien put against the homeowners property? How can my company dispute the lien validity in order to have it removed and/or expunged?
California