Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Upcoming Webinars
MAY
08Ferguson’s Mission-Driven Leadership: How Purpose Powers SuccessLive Webinar: 10:30 AM CST
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Lien Waivers Questions
All Status
Lien Waivers
All States
I am with GC company, owner ask me for subcontractors' lien waiver which has nothing to do with owner or bank. I believe i only provide GC lien waiver to them. But they claim this is for bank funding release. I trying to find out which one is true.
TexasI filed a lien on a job. Now all of the sudden my contractor wants me to sign a lien waiver because the bonding agency, owner, general contractor, and material provider all are trying to get paid. My contractor sent over a lien release form. Do I legally have to sign and return this form without being paid first? My concern is that if I sign this the contractor will not provide the check owed. As he is delinquent on another invoice for another job. I am in another state working right now, so doing a person to person exchange is not possible. What are my options.
Thank you,
Daniel Krek
FloridaI worked on a lady's car and fixed it she did not pay me I have everything in texted where she says that she owes. Me the money what steps do I need to take to get paid
OklahomaTo whom it may concern,
I filed a lien against a contractor for the non payment of one weeks worth of work. I received a call from the material provider last week. They are who hired the installer who contracted me for part of the install. Then later that day the contractor who hired me was emailing me asking for COI’s stating that is the reason why I had not been paid. So within 24hrs I sent over my COI’s. Now he has sent me a lien release form. It states that if I sign the waiver I will be paid. I have already file the lien, will signing this release negate my lien? Or do I not sign until the payment is made.
Thank you,
Daniel Krek
FloridaWe wonder if a lien waiver only pertains payment for material and services provided or also for other costs (e.g. open demurrage claims) that the general contractor owes a supplier.
New YorkI'm guessing all lien waivers need to be notarized? Any that I have ever seen needed to be anyway. I just want to verify that as a registered agent for a business in the state of New Hampshire, I also handle all accounts receivable, invoicing, and all other payment forms or issues. I can sign a construction lien waiver on behalf of the company?
New HampshireHello, can you please explain what a Texas Conditional Waiver and Release on Progress Payment form is? And why it is used?
TexasWe are a replacement contractor in the state of GA. Our average job size is about $20K and we have about 2-3 subs that work on each project. We don't have any specific contract language that promises lien waivers, but have always provided them if a customer asks for it. We have only been asked maybe 2-3 times in the last 10 years to provide this. And when we have provided this in the past it was a single waiver from us that is conditional on final payment in full. We have customer that asked us for one and we provided them with what we usually do and they are saying that the lien laws changed in 2021 and that by law we cannot provide a single waiver and will need to provide a waiver from all subs and suppliers. I do see that law changes and we are updating our lien waiver to accommodate, but I do not see where it is required to provide waivers from all subs and suppliers. We pay our subs weekly on their completed work whether we have final payment or not. And we don't utilize the net 60 from our suppliers and pay them in full every month. So, what is our obligation here? do he have to provide these waivers from all subs and suppliers? or can we provide 1 from us the general contractor that will be sufficient? Also, if we do need to provide lien waivers for all subs and suppliers, what do we fill into the sub/supplier lien waiver where it says, "UPON THE RECEIPT OF THE SUM OF $__________"? do we fill in the project total we are collecting from the customer? or the total paid to the sub/supplier? Thanks in advance.
GeorgiaWe have filed a lien for a project in Fort Worth, TX. The GC has advised the following:
Once the Waiver has been executed, please have the Tarrant County Clerk attach it to the Lien and provide me with a copy of documentation of the attachment (normally notarized/stamped receipt). As soon as I have the documentation, I can release payment.
I haven't heard of that before. Is that something that can be done and if so, how do I do this through Levelset?
TexasWe are a small retail/ecommerce business located in NJ and our customer is as property management in florida. My question is: What amount and date should I state for the 50% down payment upon placing his order. They send us a lien with a format below:
WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT
(Florida)
The undersigned lienor, in consideration of the sum of $_______________, hereby waives and
releases its lien and right to claim a lien for labor, services, or materials furnished through
____________ to __________________ on the job of ______________________to the following
property:
This waiver and release does not cover any retention or labor, services, or materials furnished
after the date specified.
FloridaI'm a subcontractor and have been working with a larger GC who has been stringing us out of the last 3 months. I need to know how to get paid after already signing a contract.
ArizonaCONDITIONAL WAIVER AND RELEASE
UPON PROGRESS PAYMENT
Upon receipt by Clearview Installations Contract NO: 21-391-2064 the undersigned of a check(s)
from Jeta LLC in the sum of Twelve Thousand Dollars ($12,000.00) payable to the company named
below (either singularly of jointly) and when the check has been paid by the notice or bond right the
undersigned has on the project of _SAVI PROVISIONS_ located at 1340 Howell Mill Rd Atlanta,
GA 30319_, to the following extent. This release covers a Final Payment for labor, services, equipment
or material furnished to this project through Thirty Percent (30 %) only and does not cover any retention
or items furnished after said percentage. Before any recipient of this document relies on it, said party
should verify evidence of payment to the undersigned.
Before each Progress Payment and before Final Payment is made upon this CONTRACT, CONTRACTOR
shall furnish satisfactory evidence to the OWNER that the CONTRACTOR has and is continuing to
conform to said laws, rules and regulations.
Date:
(Company Name)
(Signature)
(Typed Name)
STATE OF
COUNTY OF ss.
(Title)
On this
day of , 20__ before me personally appeared
, who being duly sworn, did depose and say that she is the of
and is authorized to execute the above document.
(Seal)
___________________________________
(Notary Public)
My Commission Expires:
GeorgiaI am a General Contractor trying to collect the appropriate liens from a Subcontractor prior to sending payment. The subcontractors are submitting a Conditional Lien Wavier. We typically have subcontractors submit their Sub-tier Subcontractors / Suppliers Unconditional Lien Waivers prior to us sending them the check. Is that enforceable in the State of Texas? Can we require our subcontractors to pay, and gather all their Unconditional Waivers prior to receiving a check from the GC? The only other option I can see is having the Sub-Tier Subcontractors/ Suppliers submit conditional waivers?
TexasI subcontracted a job at a school the contractor wont pay me unless i sign a release and waver. should I file a mechanics lean?
New YorkA Client has an outstanding invoice. They paid in full several invoices prior to the outstanding one, and have paid in full an invoice after the outstanding one. The holdup with the outstanding invoice is that some work was an emergency Change Order which we were told we would be paid for. Client is now saying the CO work was for Phase 3&4 work which the bank has not funded, but we accomplished under the Phase 1&2 contract. Client reluctantly paid a % of the outstanding invoice so we would keep working. Question: Client wants a conditional waiver for the percent of the outstanding invoice they paid. If I give them a conditional waiver for that % does that clear them of any responsibility for the remaining invoice amount??????
Oregon