We are working for a General Contractor who is asking for an unconditional lien waiver after payment of invoice where an interim (conditional) lien waiver was previously submitted prior to paying the next invoice. Does Georgia have a form for an unconditional lien waiver that is separate from a Final Lien Waiver and can the GC require that we fill out and submit this form?...Read More
Is it legal and/or wise to issue a lein waiver if the full payment was made by the customer for the project but the work has not been completed yet? The customer may be closing on the sale of a property before the project will be completed....Read More
I hired a contractor to do work in my house. I paid him 50% and he didn't complete 50% of the work. He doesn't answer calls anymore and continues to give excuses why he can't come and is down-the-roading the project. He's way outside of the terms of our contract. I don't want him to turn around and say that I don't want to pay the balance and then he puts a lien on my property. So i want to protect myself against him placing a lien on my property for the remaining balance. Do I file a Conditional or Unconditional Waiver & Release on Final Payment?...Read More
I am the property owner and customer trying to protect myself from a roofer who did a horrible job in the dry in phase. I read all your info. online and was perplexed the others online provide for notarization in their forms. So my concern is whether your form is accurate or needing up dating? Have the Florida statutes changed?
Thanks Allan Bartley...Read More
Our company works as a sub-subcontractor providing construction labor. We filed a Mechanic's Lien via Levelset to the County Courthouse. We have been contacted by the responsible party, alluding that we will be getting paid. Once we get paid, do we need to file any paperwork with the County Courthouse to release the lien or if the responsible party submits an unconditional waiver/release of lien is that sufficient?
A file was created in Levelset for one customer, but a separate homeowner with the same name was tied to the job.
A mechanic’s lien was then filed, and the unrelated customer is understandably upset.
1. Can we remove the name of the unrelated customer from the lien without having to cancel the lien?
2. Will this have any permanent affect on the unrelated customers title?
(Using false names for privacy). I hired ABC company to do work on a rental property. John Doe wrote the contract, signed the contract, received payments, and did some of the work. Jim Smith has a truck with 'ABC company' written on it but was never apart of contract negotiations. Whenever I had an issue with the work, I would go to John Doe to address but he would blame it on Jim Smith and refuse to take accountability for the quality of the work. There is a line in the contract which states "final payment shall be withheld until contractor signs final lien waiver". When I presented the lien waiver to John Doe, he refused to sign bc he had not received full payment. At the same time, I asked for a w9 for tax reporting and that's when i realized that ABC company is not a real company (not registered anywhere). Also, Jim Smith claimed that he had not been paid and John Doe was not honest about the full contract amount.
Because we learned that Jim Smith had not been paid, we decided that we definitely wanted to have the lien waiver in hand prior to making final payment. Since the contract ended in Nov 2020, they have been going back and forth with each other about who should get paid what. Fast forward to today, I received a letter with a claim of lien. Looking for an attorney's advice on this. Who should I pay? Who would sign the lien waiver and should I wait for that first? how do I contest the lien? Does his poor work factor into the amount owed at all? (Small example; he was paid to install kitchen countertops---2 months later, i discovered the countertops were not secure on the cabinets. I could literally pick them up off the cabinets.) Sorry for the lengthy question!!! ...Read More
Can a contractor agree in an unconditional waiver to indemnify for any claims by a subcontractor?
We are a residential house owner working with a licensed contractor. We do not love him and plan to pay him in full. Throughout the project, he has had us sign conditional lien waivers with his company. We want him to sign an Unconditional Lien Release form in CA. However, we don't know any of his subs, suppliers, etc. and want to avoid claims on the back end. We added the following language to the CA form:
The claimant represents and warrants that it has paid all subcontractors, materialmen and suppliers for any equipment, material, labor or service provided to Customer at the Job Location, and agrees to indemnify, defend and hold Customer harmless in the event of any such claims.
Will that work? This is a smaller project, total paid under $25,000.
I received a check for a project in UT. It included this lien waiver as a condition of endorsement:
In consideration of the payment of this check, the payee by endorsing &/or negotiation same waives & relinquishes all right of lien or claims payee now has upon the project described by common job name/number on reverse side herof. Undersigned further acknowledges & guarantees that it has made payment in full to all laborers & suppliers under its scope of work to date hereof.
Is this a conditional or final waiver? Do I completely waive my lien rights if I endorse a check with this terminology? ...Read More
Between 10/19-24/2020 we performed work at 3900 Brentwood st lake charles la and at the end of week to be paid the client refused to pay me & my workers, so since I owner the company I had to pay the workers out of pocket, the home owner then gave me a check of $13,200.00 for reimbursement, on 10/26/2020 she canceled the check after I had already paid my worker on 10/24/2020, I have all my reciepts for money owed to me can someone please help, ...Read More
I had a roof installed in 2019. The contractor provided a final invoice November 2019. We have paid $10,000 of $13,701.98. I have attempted to contact the contractor multiple times to discuss final payment as there were three issues I wanted to address before payment. I had asked that the invoice reflect a line item specifically for debris removal as it would be covered by insurance; there was a manufacturer's rebate for veterans that did not appear to be applied; and there was property damage for which we paid and were told would be reimbursed. I had contacted them a few times previously by email and left phone messages, and then again most recently on Jul 1, 2020 and then again on July 27, 2020. Since I cannot get a response, do I need to send a lien waiver or since it's been well over 60 days since services were rendered, can I assume they cannot come back to me asking for any further payment?...Read More