Lien Waivers Legal Questions

Here you'll find answers to questions about lien waivers from construction lawyers and other payment experts. Filter the questions below to find an answer that's useful to your circumstances. You can also ask your own question to get personal, local, and well-informed advice from construction attorneys.

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Lien Waivers
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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. Melissa Benson GameTime 256-997-5296 ...Read More
VirginiaLien WaiversMechanics LienPayment Bond
How long do I have to file a mechanic's lien on the property? What county: where work performed, or my business? What if partial payment was made, but balance due is not being paid? Deceased husband unable to finish project....Read More
MinnesotaLien WaiversMechanics Lien
How can the Arbitration clause be beneficial for the subcontractors?...Read More
FloridaLien Waivers
My company performs subcontract work for a contractor domiciled in Georgia. When submitting applications for payment, the contractor's release form, which includes the following language, is required: "When you execute and submit this document, you shall be conclusively deemed to have been in full the amount stated above, even if you have not actually received such payment, 60 days after the date stated above unless you file either an affidavit of nonpayment or a claim of lien prior to the expiration of such 60 day period." The contractor has a very slow payment history, and almost never remits payment to my company within the 60 day period referenced above. However, the vast majority of work that my company performs for this contractor is located outside the State of Georgia, and so I am wondering whether the above-referenced statement is enforceable when the release being given applies to materials and labor being furnished to projects located outside Georgia? ...Read More
GeorgiaLien Waivers
We have a contractor requiring an unconditional waiver (they call it conditional with a "trigger statement", but the waiver says Unconditional at the top and states payment is received) but we have not been paid on this job. They note that this waiver is signed by all subs on all jobs regardless of situation. The waiver states we as subcontractor have been paid. Their trigger statement is below. Is it legal to require us to sign this without knowing when we will get paid? "The remittance of the Contractor (whether by check payment or virtual card payment), and marked “paid” or otherwise canceled by the bank against which said remittance was drawn, shall constitute conclusive proof that said invoice(s) were paid and that payment thereof was received by Subcontractor and this lien waiver shall become effective automatically and without requirement of any further act, acknowledgment, or receipt on the part of the Subcontractor named herein." Thank you in advance! ...Read More
MissouriLien Waivers
I'm a plumbing sub working g for a gc. 144k project. Gc gave a task to another sub and sent me a change order to subtract 18k. And other things. They have chipped away at my numbers and have not issued me change orders for things I have done at thier request. I kept working as to not violate and hold up the job. They always distract from the issue and don't want to discuss. Job is almost done. They havnt reciebed final draw from ups and I just got my final inspections. Is this the time to file lien to give me negotiating power? Should I file myself or reliance attorney? If the latter, then who? Waldorf md. My cell 2318180524. Best to initiate with a text. Thank you. ...Read More
MarylandConstruction ContractLien WaiversMechanics LienPay ApplicationsPreliminary NoticeRetainage
Hi. My customer requested unconditional final release ?...Read More
CaliforniaLien Waivers
The waiver is under my name however, it needs to be notarized and I don't have an I.D. ...Read More
CaliforniaLien Waivers
Regarding filling out liens. As a GC, the bank is requiring my Subs to fill out partial and final lien waivers. The Partial waiver seams self explanatory in filing out. The Final Payment lien is not as clear. Bank is asking for Unconditional Waiver of Release for Final Payment. Getting past the Job Name, Contractor, and such I come to "hereby release any mechanic's lien, . . . . in the amount of $" ? is this in the amount to the full SubContractor Contract amount or just the amount of final payment. The SC has signed, and received money, one or more Partial Liens. Final line, after the signing, is "Amount Paid". ? again, is this the full amount of the SC Contract or just the final payment amount? Thanks...Read More
ArizonaLien Waivers
My roofer gave me a contract to reroof, repace soffits and gutters. For $20000.As work was being completed i paid all but $5000. Now that the job is 95%done the gutter guy and roofers are compaining to me they haven't been paid. The contractor says he took care of it but I haven't heard back from the subs. Should I pay the gutter guy with the remaining money owed to the contractor ...Read More
LouisianaConstruction ContractLien WaiversPayment Disputes
on Public Works projects in Colorado can General Contractor hold sub pay until conditional waiver for the payable amount is received?...Read More
ColoradoLien WaiversPrompt Payment
what is the difference, if any, between waiver of mechanic liens in commercial and residential property? For NY...Read More
New YorkLien Waivers
I am a supplier to a sub contractor and I have a general contractor in Florida that has requested a final lien release from the sub contractor for me the supplier. The Sub contractor has paid me the supplier, but is holding my final lien release from the general contractor, because they themselves did not prepare and send a notice to owner and the General Contractor still owes (disputed amount) to the sub contractor. The general contractor is now coming to me the supplier to get a copy of the lien release that was given to the sub contractor. What do I do? I am caught in between a rock and a hard place. ...Read More
FloridaLien Waivers
I'm doing research and need waivers for 25 states...Read More
AlabamaLien Waivers