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Lien Releases Questions
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Lien Releases
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I am located in PA and completing AIA G901-2022 for App 5. App 5 is for work through 5/31 for $10,000. Apps 1-3 have been paid. App 4 for work through 4/30, totaling $5,000 remains unpaid. When completing this Conditional Waiver on Progress Payment, shouldn't the unpaid $5k for app 4 be listed as an exception? Thanks!
PennsylvaniaThe owner is in the process of terminating it’s current notice of commencement in order to file new one. Additionally, we as the sub have provided early notice to the owner, prior to furnishing.
FloridaWe are a general contractor working on a residential project. We just fired a subcontractor for failure to perform service to our agreed upon quality standard. The issues are well documented and have been continuous throughout the project. We paid them for all work done so far, but reduced the 3rd draw payment by the value of the labor and materials to repair some of their many mistakes, and docked them the field supervisor fees for the third draw of the contract as they had not actually supervised the field, resulting in many issues. The errors were significant and expensive. They have not signed a lien waiver. We realized walking away that we should have had them sign one before we paid them. We have never had to fire a sub before. We have an arbitration agreement in the contract.
North CarolinaI'm a homeowner that had a house fire. Builder hired drywaller and paid him half to begin work. Drywaller was detained by ICE and never finished, but placed a lien on my home. Same drywaller never paid for supplies and we were both sued by the drywall supplier. I paid and was released from the debt, he did not and was garnished. I need this lien removed and he knows full well his was not entitled to the second half payment. Thank you.
MichiganBuilder in Texas - Tilson put mechanical's lien on the lot for the cost of the future house before the date of the planned start. They never built the house, increased the price $6500.00 above the contract price 2/2 increases in prices/?/. I lost almost 11K due to all the preparations they wanted me to do like clearing the lot, water and electricity service, septic permit, survey, deposit for the builder and HOA and etc. I would like to sell the lot and called them with question why I have that lien on the lot. The answer - we had cost with your plans and with the crew that was checking the lot. We were waiting for seven months for them to start building, they kept loosing documents that we had signed again and again. We sold house in San Antonio and were loosing money paying rent while waiting. Finally I sent the letter cancelling the contract since my husband was very sick with bone marrow cancer and we had to buy some house to be free from dealing with that builder and take care of my husband disease and let him enjoy the new house for a while while he is still alive. What am I supposed to do? How force them to release that lien?
TexasI am the architect of record and the homeowner's agent. I have requested final lien waivers releases from the general contractor via AIA Form G706A-1994 and a list of trades/supplies as Attachment A. The contractor refuses to provide them. What can I do? I've been in practice for over 35 years and never encountered such.
North CarolinaHello,
I live in Mississippi and there is something very shady and unfortunate going on. A friend of mine who was also my pastor has passed. He had many businesses that provided home improvement and landscaping services. Before he passed, he quoted a price of $300 to me to repair a wooden fence at my residence. I paid him $150 through cashapp and I noted “fence” and the next day I paid $150 and noted “for the fence balance.” He was in the hospital at the time but still handling business affairs from his bed. He’d sent his father and some other crew members to do the work. I never saw them and was not home while they were doing the repairs. He asked me to send photos of the work when I arrived. I did. I asked him if they were returning to finish because they left new boards stacked by my air conditioning unit and the other side of my fence had warped boards still hanging. He didn’t sound too sure so I told him not to worry himself and that I’d have my sons to do it so I took care of the rest of the $300. Keep in mind, his company is registered with the state but he nor his father or the company is a licensed contractor. Unfortunately, he passed a few days after this good deed. He’d been wanting to help me repair it for months. I have text messages to verify that. They repaired it around March 21-22,2022. He passed on March 25th. Well today 5/3/2022, I received USPS informed delivery in my email showing an envelop from his father, who he gave the business to. His father has changed the name of the business to a similar name, which is not even legally registered in the state of Mississippi. When I made it home, I checked the mail; the envelope was addressed to me and underneath my name it had my friend’s name and - “tenant” which was ODD to me. I’m his friend but not his tenant or anyone’s tenant for that matter which leads me to believe some shady intent is to come. I opened the envelope and it was an invoice with the new company name, his father's name and his aunt’s name and contact info listed as a facilitator. With not specific details it says “fence built” dated for 3/19/22 and says I owe $800 and that it’s due upon receipt. I never spoke with him ever or her about this work. I’ve never heard of their new company until now. I never contracted this work with them and I paid my friend/pastor for the work before he passed. I don’t know what agreement they had between them but I know what we agreed on between us. I’m still grieving his death and his family has already been ruthless with church members and now this which seems unethical! I sense that he/she is attempting to set things up to place a lien on my home! And it would be fraudulent because I do not owe him a thing. As a matter of fact, the fence wasn’t finished and material is still on the ground. I’d even sent pictures and asked my friend if they were coming back to finish. What can I do?
MississippiI placed a lien for money owed. I allowed it to expire and chose not to act on it and foreclose. The building owner is threatening to sue for allowing it to remain on the record. The money is still owed. I chose to not foreclose or file for removal because I dont want to spend a single dollar more on this.
Am I obligated to remove the lien ?
Can i be sued?
New JerseyI have a lien in Wyoming that has been satisfied, I have done an informal and a formal notarized ien release but I am wondering if I need to file that with the clerk and recorder in Teton County. Please help
WyomingI need to release a Lien when a customer. All I need is the lien release document for Arapahoe county Colorado.
Please sent to Greg.cotton@hrti.com
ColoradoIf we sign an unconditional waiver and release on progress payment for our March pay application invoice, are we waiving our rights to anything still owed prior to that? They have paid March; but not February. If we sign the waiver for March, do we have any lien rights for our February billing?
TexasI hired a contractor to remodel the Kitchen and Master Bath of my house to start May 1, 2021. The name of the company is Birch Co. Brett Davis located in Oklahoma. I was recommended to them thru my neighbor. I did not do my due diligence and completely trusted them that they would be remodeling my "dreamhome". Thru out the project I was living in the housing and having to oversee the project. Too many mistakes were being made and me having to call the Company daily if not weekly complaining. The last draw was when the flooring was being put down, I called them that morning to let them know not to do anything in the Guest bathroom, I even put a note on the Bathroom door and on the worksheet. I came home that night to the only working toilet in the house in my bathtub. Because I refused to pay them the last Invoice they put a lien on my House. Now I don't have a Master Bath not do I have a Kitchen. I have interviewed several other contractors and they all say that it will take at least another $100,000 to put my house back together.
OklahomaOur client has a habit of asking us to provide a UNCP Release the moment the check has been cashed. However, payment hasn't cleared our bank. To my understanding, isn't there a grace period or civil code that our client should be following in the State of California that they need to legally wait to inquire on having us (General Contractor) to provide an UNC Progress Release? Somewhere thru the grape vine, I thought it was 7 days from when payment has been received/cleared bank. After this, then they can technically ask for us to provide. Am I mistaken?
CaliforniaHello there,
I have a lien filed through you guys for Parkwest General contractors. They are saying that they only owe the retention which was included in the original lien I filed. Ae there special rules for retention?
CaliforniaI have a slanderous lien filed against the title of my home by a spiteful family member. It is set to expire at the end of this month and I am in the process of trying to sell this house. Once the lien expired how do I have the title expunged so that I may go ahead and sell the home?
Alabama