Ive signed a conditional wiever for a company and now they tell me I have to wait 30 days to get payment. My 90 day mark to file lien is up on the 9th. I feel like they are doing this on purpose. What should I do. I sent a notice to file Lien and thats how we agreed on weiver...Read More
This is a residential project addition in Michigan. We are at final payment with the GC ($5175 remaining). The GC states he will provide a waiver of lien (he did not specifically state Unconditional Lean Waiver) and that all subcontractors have been paid. However, we (homeowner) have discovered some of the subcontractors have not yet been paid in full by the GC (know of 2, not sure if more). Does the GC Lean Waiver (or unconditional Leon waiver) protect the homeowner from one of these subcontractors Issuing a lien against our property? We requested copies of the sub lien waivers from the GC. The GC states that supplying those are not in the contract, and that he did not get lien waivers from everyone. He also states that it will cost the homeowner $100 per waiver if he provides them. What is the GC Legally liable to provide If requested and can he really charge the homeowner?...Read More
I am a residential homeowner in Texas. My wife and I are contracted through a custom home builder to build our plan. We have continually paid him when draw requested initially after the job was completed, then during progress and lastly before work was even performed. The last several draws have pulled us into a heated dispute concerning quality of work or timelines for completion. Recently, we were notified of a subcontractor filing a lien against us from a draw we paid to him 3 months prior and another 2 additional subs discovered by us still unpaid. After confrontation, a month ago, he now says all bills are up to date. He won't provide paid receipts or invoices for proof and we have nothing in the contract that forces him to. He has slandered us with the subs and they will not discuss details with us to ensure our financial future.
How do we keep from paying twice or additional charges from contractors he has failed to pay up to date? Can we make him provide lien waivers from these subs under Texas law now after time has passed? The contract does state all subs will be paid by him although, there is no timeframe listed unlike what's found in the Texas Prompt Payment Act? Where do we go from here so that it will not happen?...Read More
The job is completed everything is good I paid my contractor and they paid their supplier and sub but I don't want them to even be able to file a lien on my home if they wanted. If I don't get a release will they always have the ability to file a lien?...Read More
I paid my contractor progress payments but they haven't paid the sub or supplier. Can I withhold the next payments if I haven't received an unconditional waiver and release on progress payment for the amount I already paid?
I paid my contractor for a couple of progress payments and received a prelim lien from the supplier. The contractor has not paid either the sub or supplier.
Do I need unconditional waiver and release on progress payments from both the sub and supplier or just the supplier?
Also would I need to issue a conditional final payment release to just the supplier? ...Read More
We've historically cut joint checks for any conditional waivers that a subcontractor provides for its sub-tier subcontractors/suppliers in a given billing period. We currently collect a list of sub-tier subs/suppliers at the beginning of a project and add to the list as they become known to us (typically via preliminary notices or notification by our field personnel). Through the rise of waiver/payment services such as Levelset, I've been introduced to the concept of a sworn statement document being provided by the subcontractor each billing period to capture the amounts owed to sub-tier subs/suppliers.
Joint checks have always been a point of contention with subcontractors and they also create difficulties with the move towards utilizing electronic payment methods. Add in the reduced security in recent years with the increase in ATM and mobile deposit use (we've had subcontractors mobile deposit a joint check directly into their own account with no issue) and it just seems like there needs to be a better way.
How well does collecting sworn statements each period, backed up by waivers from each listed sub-tier sub/supplier, protect us? Compared to the use of joint checks? We primarily operate in Arizona.
Thank you....Read More
I live in Arizona, Pima County, I am having a house built and want all contractors to sign a release from lien so that they can not come back and place a lien after paid. I am ensuring that all contractors provide quotes and want to ensure that I am covered what is the best document to use.
We are in a bit of a tricky situation with our first filed lien. Our client is now asking us to sign lien waivers and split 3rd party payment agreements that specifically are stating that no liens have been placed to our knowledge, but there have been and they know this. The only alternative suggestion they stated is for us to remove the lien, have it signed by a county clerk in order for us to get paid. They are stating that they won't pay until its removed or the paperwork is signed and that IF something happens we should just refile a new lien. ...Read More
We are installing an elevator for $38,000. The contractor has asked for a payment schedule of $17,000 up front, $14,000 when elevator is delivered, $2000 at completion of site of install, and $5,000 at completion. This seems in violation of California’s 10% down. However, the contractor has excellent BBB rating, good reviews, and has a valid California license. What lien waivers should I obtain and at what point?...Read More
May company has completed a job if removal of a burned historical building. We completedcthe job in Feb 2021. Since that time we have not received payment. We were asked to provide a W9 40 days past completing the job, which I sent. Today, I received an email, from the bank. They had received the estimate for the job and the W9. They are now requiring an executed Lien waiver in order to make payment faster. I am fully aware of what's Lien is. What are my rights?...Read More
One question I've never been able to find the answer to is this:
What is the impact if a conditional waiver (progress or final) is short paid? Say that the conditional waiver was written for $998 dollars and the subcontractor/supplier was paid $989 dollars in error. If an issue were to arise, would the court find that the subcontractor was still owed $998 dollars because the condition of the waiver wasn't satisfied, or would it find just for the delta of $9 dollars that was still outstanding?
If jurisdiction matters, we do work in AZ and CA.
Brandon Hubbard...Read More