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Lien Waivers Questions
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Lien Waivers
All States
Our builder just finished our new house project; we are self-financing this with no bank involved. What form should we have the contractor/builder sign so that none of his subcontractors can come back to us for not getting paid, etc. We are in Maine.
MaineWe are an Operations & Maintenance provider and the GC of the project wants to include the following clause in the contract, "Contractor shall not place any Lien or other encumbrance on the Facilities or the Sites."
Can
New JerseyI'm a subcontractor working on large park project. I finished my work a few months ago and our customer still has a balance on their account and pushing back to pay for the change order. I cannot find any bonds on this job, so I'm reaching out to see what my options are.
AlabamaI have a GC that has a past due invoices, that i bill every month. Now they are willing to pay the full amount, but they are asking for a conditional waiver with a negative values of the total amount owed. This is unusual for us? never heard of this before.
CaliforniaI am an HVAC Contractor in the State of Virginia, I finished the job I got paid the majority of the payment but not the final payment, homeowner asking I need to sign a Conditional Final Payment and Release of Lien Waiver then he will pay the final payment by check, the question if legally I have to sign also if his check returns what is my option?
VirginiaI am waiting on retainage that is approx 90 days past due, the GC says they haven’t been paid retainage from the client.
IndianaI am a subcontractor on a commercial project in CA . The company who hired me has a paid when paid contract or net30-45. It has taken sometimes over 60 days past invoices to get paid. Im trying to protect the reminder of my work with a preliminary 20 now as i have finished 2 stores and almost completed a 3rd store with about 15 outstanding invoices in the amount to $43,00.00
CaliforniaI hired a contractor to do concrete work on my home.The contractor was responsible for supplying the concrete. After completion, I paid the contractor and had him sign a full unconditional waiver for labor and materials.I am now being contacted by the concrete supplier that they did not receive payment for concrete delivered to my property. The contractor is not responding, what is the next step I should take?
MichiganI 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!
PennsylvaniaIs a notice of lien, Notice of procedure, and Consumer protection notice required to be sent to the owner of the property for any job that we do in the state of Oregon?
OregonThe 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 have a general contractor we did work for. I have sent in all the payment paperwork requested, but never received the first payment. We completed the job in March '22. They sent through the request for the paperwork for the retainer and I sent it with a conditional waiver. They don't want to release the checks to us until I send an unconditional, but I'm hesitant to do so since they have a history of withholding payment for long periods of time. How should I proceed?
NevadaI hired a modular construction factory to build a structure. They required that I pay for materials upfront, noting they would purchase all materials on the project in a few months. As a prerequisite for payment, I required an actual invoice and a conditional lien release. Before a new payment would be made, I required proof of payment in from of cancelled check or bank transaction sheet and an unconditional lien release from the vendors.
I have recently learned that the prefab company purchased nearly all the material on credit and used the money we gave them for material for unknown uses. We are now starting to get contacted by the factory material suppliers, looking to us for payment.
In communicating with the suppliers, we have now learned that the factory fabricated proof of payment wire transfer confirmations and one supplier provided unconditional progress lien release waivers for specific amounts that they now say they never received payment for. When I asked them why the would provide an unconditional lien release, noting that they recieved a payment that they never actually did, the supplier responded by saying the factory never placed the order, only obtained a quote, so they claim the unconditional lien release they signed is meaningless. I explained to them that without their providing that unconditional lien release, noting that they recieved a specific payment, I would have never released the money to the factory.
Now, that same supplier wants to file a lien because the factory won't pay them and i won't pay for materials twice. I feel like the supplier is a party to the fraud committed by the factory, as it appears the supplier and factory have a preexisting business relationship from previous projects.
Even though an order was not placed until after the through date of the unconditional lien release, can I use the unconditional release document where they noted they recieved a payment, to offset the amounts they claim are unpaid now? Supplier did file prelim notice.
CaliforniaOur company (GC) requires that an unconditional lien waiver be signed at the time the check is picked up. However, we have one sub who is refusing to sign the lien waiver until the check clears her account. I tried to explain that's not how it works, and that the signed lien waiver means check is in hand, but we're currently at a standstill. We don't offer Conditional Waivers, and she is refusing to sign at the time of check pick-up, because she is claiming that it is "the law" that the check first clears her account. Any advice?
Coloradoi have dispute with the general contractor on work he performed on my home. I have a signed contract with the GC that has penalties for not doing work on time which has essentially reduced what I owe the GC to zero.. He owes 2 subcontractors $5k each for a total of $10k and is claiming if I don't pay him, the subcontractors will come after me directly for payment.. can the GC's subs come after me directly if the GC does not pay them?
Colorado