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
On this commercial AIA project since Jan, standard AIA stuff we've seen before, including the conditional lien waiver. Now they want an unconditional waiver in order to get our first payment (after 2 other subcontractors have recently damaged the work we've done and had to fix/ redo). I would like to stop all work on this project, but I know I can't :-( What are my options? Thanks!...Read More
Dec 2020 Conditional sent for 69,276.00, Jan. conditional sent for 38,854.75 with exception amount of 78,848.23(notated Dec 9572.23 missed invoice, IE question on top) Payment of 69,276.00 made in full on 2/11/21. In January, we found the interest charges( 1864.69) were not included. Where do I put this? BIG problem : The secretary signed an unconditional progress for the amount of 69,276.00 dated 3/2/2021. I have a 2/2/21 I need to fill out and have a chance to clean up all the mess. HELP.. Doreen Rogers ...Read More
I hired a Asphalt company to pave my yard in April 2019 and I paid him in full.
Now; the supplier wants to put lien on my property because of my contractor didn’t pay for material around 32k.
The contractor is filing bankruptcy. I did not receive any lien notice either from contractor or supplier at the time of signing the contract.
Can they put lien on my property? What do I need to do?
I'm not sure what i put for property name? is that the job site i will be doing ? or the company that will pay me for the job i will be doing for them? also invoice/ payment application number ?is that the number i got from the state for the waiver ...Read More
As a GC I have always provided Conditional and Unconditional Lien Waivers to our clients on a commercial job.
There is a new job that is coming up and the client is also requesting Conditional and Unconditional Lien Waivers from our Subs, Vendors, Manufactures, and pretty much anyone who will be tied to this job per payment request.
In the state of Texas, are the lien waivers required from our Subs and vendors to submit to the client in request for progress payment asides from the Final payment?
Thank you. ...Read More
I am a snow removal sub contractor. I recently received a lein waver to sign for payment of my services. I have not been paid yet and the General contractor wants to have me sign a lein waver before he pays me. Is this legal? Sounds like I should get payment first before signing away my rights. I am located in Minnesota. What are your thoughts?...Read More
I've been informed to not make a prelim until our Project Manager gives me the okay on one job. The company we are working with on this job has requested an update for this prelim and requested an Unconditional Waiver already. Am I able to send a release even though I have not made a Prelim yet?...Read More
I'm a FL subcontractor and signed a conditional partial waiver and release of lien for payment. Can I still Lien the GC? My Lien opportunity expires 3/14/21. My last day of substantial completion was Dec 14 2020. Can I still Lien if I signed the Conditional Partial Waiver??...Read More
We've had a private construction contract going with a contractor for over 13 months in Arizona to construct a spa/pool and backyard BBQ/kitchen as well as install hardscape tile and artificial turf. This is a significant investment (over $110K) for us, and the contractor essentially refuses to complete the project citing COVID-19 at every turn. Through February 24, 2021 we'd payed 90% of the total contract cost, but received approximately 70%-75% completion. Between October 2020 and February 2021 we've filed two complaints against them with the AZ ROC, and in retaliation they recently served us three preliminary 20 days notices in less than a week claiming we owed them money for work completed. The only outstanding monies owed to them were for the last interim/progress payment that would be due at the beginning of pool/spa interior prep...that hasn't begun nor have they delivered any materials to our property or told us that they are beginning to work that project milestone. However, to show good faith we paid off the final $10K hoping they'd actually start putting some effort into finishing other uncompleted milestones. After they received the final payment we requested an unconditional waiver and release pursuant to ARS 33-992.01 and 33-1008. Since we didn't have a payment bond (entire project has been paid in cash), can we require the contractor give us an unconditional waiver and release? We say yes...they say no. ...Read More
Im trying to get first draw on project . GC is requesting i send them 2 lien waivers . 1 is a subcontractor supplier lien waiver 2 is a subcontractor interim waiver and release upon payment . GC is requiring these waivers before payment . GC waivers are off Georgia lien waiver laws but job is in Louisiana. What do i do....Read More
New to the construction loan process. If I'm purchasing materials and supplies for the project from online vendors (i.e. vistaprint, global industries, amazon, etc.) do I need to get a lien release from those suppliers? ...Read More
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