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Lien Waivers Questions
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Lien Waivers
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Hello, I work for a flooring contractor and I need some help with a situation we are in. We completed a job back in July and have yet to be paid for the work we performed. Since we did not send a preliminary notice in the beginning of the project, are we unable to file a lien? If not, what are our other options to receive payment?
CaliforniaDid not get paid I am a landscaper but did not get paid upon completion. What to do. Do I have to have a license
GeorgiaOur company is in Texas and we ordered materials from a company in Canada. We have already paid in full, but need a final lien waiver. Is there a different form we should use?
TexasDo lien waivers still hold value or are they null if the Preliminary Notice was not sent to the General Contractor? We are a subcontractor working with a GC, and we failed to deliver a preliminary notice. If we were to send a lien waiver out with our invoice, would that hold up if we needed to proceed with the lien?
NevadaI'm an electrical subcontractor working on a multifamily residential project in Denver, CO. I received a check for a partial payment owed. The total owed to us is $7,000, for which I have sent out a notice of intent to lien. I received a check for $1,700. The back of the check has stamped "Mechanic's Lien Waiver" and the contractor has emailed me claiming that that is the total he owes and is willing to pay. Wording below it says "By endorsing this check, payee waives and releases any mechanic's lien rights which payee may have with respect to work performed or materials furnished by payee for which payment is made by this check" Then a signature line below. Can I cash this check without signing the lien waiver? Can I sign the waiver but add a line that it only covers invoices through a certain date? Or do I risk my rights of my lien?
ColoradoHello, we received a partial lien waiver from the client to sign and the value on that document is $1. Payment that we are expecting to receive is $110,000.00. We asked client to amend this dollar value to the actual amount due and their response was:
The waiver is approved by both our attorney and the bank. All waivers remain universal for every subcontractor on the project, just date and req period change month to month. The reason $1.00 is the amount is because we do not enclose the payment value on waiver, but yes we can confirm the true value you will be funded.
Their CFO added:
What we can do is provide you with 2 waivers. One which contains the value you will be funded and the other is waiving the $1. The $1 waiver has to be provided to the owner for their lender as we are a general contractor for this project and therefore the owner is not privy to the contract values and payment to our individual trades.
Our question is - can we sign two documents $1 and $110,000.00. We want to make sure we will be protected in case of the pay $1 dollar and we do not want to loose any lien rights.
Thank you!
New YorkMy contract with my client said nothing about Leon waivers. Now my client is demanding receipts of payment or lien waivers signed by everyone before moving forward. Do I have to go back and do all this now? I would have gladly done it feom
The start but yo so it now seems counterproductive
New JerseyWe send all of our clients a Preliminary Notice at the start of every project and an Unconditional Waiver and Release Upon Final Payment after final payment is received. One customer has actually asked us to sign a Conditional Waiver and Release Form Final Payment after we requested payment on the balance due. We are concerned signing this will undermine any of our rights since this is not our typical procedure. Please advise.
CaliforniaWe supply materials to customers and jobsites. My customer has paid us $122,500 but didn't pay a couple of small invoices totaling $5,909.99. We want to give them a conditional progress payment release with the outstanding amount of $5,909.99 due. The form I populated shows Maker of check xxxxxxx Amount of check $5,909.99 Check Payable to xxxxxxxxx We are not swapping this release for the check at this time but want to give them the release so they can get their money, we are waiting their payment to be processed and mailed. Are we covered if we do not require this check as a swap for this document?
FloridaHouse owner about to do some repairs
ColoradoIn California, can a Owner of a private project hold a progress payment to a GC because they have not received unconditional waivers (GC & Subs) from the previous months pay application?
My Owner is continuously late on progress payments and they are claiming that they do not have unconditionals from the previous month. I (the GC) cannot supply the unconditionals in time because payment is always late. This is a self-perpetuating problem.
CaliforniaI hired a GC and we had a set agreement for for items, I left them in house that was empty to complete the work, after work I would stop by and inspect the repairs, which were painting, cabinets and sink tops and two toilets. I started noticing that other things were happening behind my back, like he painted all of the doors, not agreed upon, painted the garage after I told him that I was doing it and he used my paint to paint the doors, painted the ceilings etc. at the end he ask for more money and it was a lot. I told him I was not paying him for items that he chose to do on his own, and of course here we go. So I agreed to pay half to balance and for him to take a loss due to him completing items that were not agreed upon. So know I have at another house , this time I put it all in writing three items approved and a list of a few maintenance items that I asked for prices only, and he did it again. This time I am holding my ground and only paying for the items listed in my text message. I mentioned to him that he was stealing from me and forcing my hand to pay him on things that he chose to do. Dang I am stuck but before I pay him I wanted a wavier to protect myself and not sure which to used. Thanks Diane
Texasneed help with knowing how to tell if you circle DOES or DOES NOT on partial conditional and partial unconditional waivers specifically. Everyone seems to be all over the map on which is correct, so I want it clarified to create unison moving forward.
MichiganI am a plumbing subcontractor working on a commercial job for a GC. The GC is refusing to mail my payment to me (which is already 30-60 days overdue) unless i sign an UNconditional waiver - or they refuse to mail my check. I tried to explain how the waivers (unconditional/conditional) work- but they are obviously do not understand the concept. They keep telling me they refuse because they can't leave themselves unprotected and it would be "bad business"- and that I am the "only sub on his jobs that seems to expect these 'special conditions'" and that I am "misconstruing the lien laws." We are only halfway through this pretty sizeable project-and I would rather file a prompt pay act violation than filing a lien-it's not the property owner- I know the owner has paid the GC- so I am not looking to make problems for the owner if not necessary.- but the pay apps were approved long ago and there are no issues with my workmanship- it is all the GC just not wanting to pay me. I am about to have a meeting with the GC and they have stated to me they REFUSE to release the money to me without that unconditional-so I just want to have my "ducks in a row" and say with utmost confidence that they are wrong- and it is breaking the law to hold my money for ransom for that waiver
ArizonaMy contractor never finished the job and now has put a lien one year later on my home. The lien is very faulty and I sent him a demand letter and pointed out all the mistakes in the lien. I was told by the secretary that he's never filed a lien so I was a experiment. He's also inflated cost, added attorney fees and interest. I just want the faulty lien off my home. Will a bad faulty lien even hold up in court?
Louisiana