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Lien Waivers Questions
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Lien Waivers
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What happens after my company files a mechanics lien in Texas? We have filed a lien and wanted to know what are some next steps we can take to still collect payment.
TexasDo waiver need to provide amounts being paid or paid? Or can they show % complete and/or $0 balance?
We're a GC looking to submit a payment app for a stipulated sum project. Our client's LL is letting us provide unconditional lien waivers for progress payments in lieu of copies of invoices paid. Wondering if we could list % complete and/or show that $0 is owed at the time of waiver signature to subcontractors. We want to avoid detailing dollar amounts paid to date. If we get subcontractors to sign a waiver detailing a $0 balance or a % complete, does this remove the LL's mechanic's lien risk for progress payments? Or do waivers need to show the amount paid to date?
Californiaonline lien waiver forms are notarized except yours, has anything changed in Florida requiring this?
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
FloridaContractor agreed to reallocate work he couldn't, wouldn't finish in a timely manner. We selected reallocated work TOGETHER. Then this Grifter invoiced me. His mechanic's lien against me has expired and his bully tactics continue. I'm not timid and want to go after him using consumer advocacy groups, including contractor association involvement. But as you probably have already guessed, they would rather remain disingenuously loyal to this crooked contractor than do the right thing. So what do I do? Call in the "LEVERAGE" team? Or contact equally reprehensible ABA in Iowa City? This Trump society does not hold to any moral or ethical standards. What do I do now?
IowaWe are GC, and we send progress and final lien waivers to our subcontractors with their payment. The lien law change about notarizing lien wavers, is it the contract entered after 1.1.2022 between GC and homeowner or is it GC and subcontractor? Or both?
TexasLendingOne is a lender that lends on small-medium construction projects across the country. We are interested in using your online service to generate our lien waivers to provide to borrowers as a precondition to releasing construction draws during the course of the project. But, before we do, we need to be absolute sure your documents are fully compliant with each state's laws. Can we set up a call with someone from your legal team to further discuss? Otherwise, we can;t move forward. Thank you.
GeorgiaI'm a property owner who hired a GC to build a house on my property. when the GC exceeded the total estimate for the house by $80K, I told him that I was terminating the current construction contract and offered him a new one. He refused this offer and refused to sign the Lien Release that I gave him, and packed his tools and left the job site. He sent me a last invoice for work done. There are 4 subs who are owed money on that invoice. Since I do not now trust the GC,
I intend to pay the subs myself. I need a Lien Release that will give me peace of mind that these
subs will not file a lien against me in the future. I have paid for the cost of construction myself there is no loan. Can you help?
ColoradoWe are in Arizona. Our preliminary notice and the notices filed by our vendors state the following information:
Project Address: Lakeview Trails SE Infrastructure, S Recker Rd & E Warner Rd, Gilbert Arizona 85296
Owners & Recipients:
Fulton Homes Corp - owner
Maracay 91, LLC - owner
Taylor Morrison Arizona Shannon Francoeur - owner
Toll Brothers AZ Construction Company Oscar Dominguez - owner
EPS Group - other
We are being asked revise our conditional final waiver and have our vendors revise their conditional or unconditional final waivers to:
Project: Morrison Ranch Lakeview Trails Southwest
On the job of: Maracay 91, LLC
Disputed Claims: Zero
Is this acceptable?
ArizonaIf we sign an unconditional waiver and release on progress payment for our March pay application invoice, are we waiving our rights to anything still owed prior to that? They have paid March; but not February. If we sign the waiver for March, do we have any lien rights for our February billing?
TexasThe GC is requesting the final conditional waiver for the retainage held but we have not been paid for the previous pay application. Now GC is saying they are withholding payment for the previous pay application until they receive the final unconditional waiver. This seems unfair.
TexasThe customer is refusing to pay us, based on a mistake one of our drivers made on his yard our insurance is willing to settle with them on that problem it has nothing to do with these invoices that are past due. What actions can we take?
TexasI have a subcontractor that signed a final and unconditional lien release for payment on a job where he did not pay for materials. We are the supplier and can not go after the GC or Owner as they already have a release from him and have paid him in full. We are still within our lien rights for the full amount. Other than civilly going after him do we have a criminal action we can push? This guy has done this before and while we would like the money we would rather have him charged. What do you think?
Mark.clifton@freedommaterials.com
VirginiaSub-sub serves a notice to owner. Sub performs work, but doesn't provide you a bill from sub-sub. How do you protect yourself if sub-sub really did perform work during the pay period other than via a zero dollar release or some similar instrument? Thanks!
FloridaWhen Submitting our billing we fill out our Conditional progress waiver with the amount of the Invoice after we take out Retention. For example. If we have a $300 invoice with 10% retention being withheld we submit our Conditional Progress waiver for the Amount of $270.00. Should we be submitting our Conditional with the FULL inv amount or with the amount after retention is taken out?
CaliforniaOur client has a habit of asking us to provide a UNCP Release the moment the check has been cashed. However, payment hasn't cleared our bank. To my understanding, isn't there a grace period or civil code that our client should be following in the State of California that they need to legally wait to inquire on having us (General Contractor) to provide an UNC Progress Release? Somewhere thru the grape vine, I thought it was 7 days from when payment has been received/cleared bank. After this, then they can technically ask for us to provide. Am I mistaken?
California