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Lien Waivers Questions
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Lien Waivers
All States
I subcontracted work for another company from February 2023 till April 2023. The work was performed at Enterprise Products Mont Belvieu, TX.
The work performed was Non-Destructive Testing on equipment. I received partial payment when my company submitted invoices to them as this company factored their invoices to pay their vendors, employees etc. I have not received the remaining balance amount for all my company invoices that was submitted to them from February 2023 till April 2023. I did not send out any notice letters to them as its been over 3 months now since February 2023.
How can I move forward with putting a lien on this compony for non payment?
If you can get back with me on my options moving forward I will greatly appreciate it Thank You!
Jacob Garza / Owner
Cell # 832-863-7395
jgarza@efficientinspectionservices.com
TexasA vendor came to me to change the roof due to hail damage. Sign the doc that they will collect all the money from insurance and I do not have to pay anything. No document sign on the repair cost. After work is completed they are asking for $5000 for the previous (4 years) claim money that insurance paid me. They put the lien on my property.
IllinoisI haven’t paid out anything yet but construction has begun
AlabamaOn 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!
TexasYes, I did floor work for a home owner that totaled $4,600. He’s pd 75% of that to me. Now he is refusing to pay the remains 25%. I am unlicensed. Do I have any recourse? Thank you.
LouisianaWe have purchased material from a PA based corporation and have requested a conditional release upon payment. The Pa corporation is stating that it is illegal under PA law for them to provide a conditional release even if it is contingent upon payment. My understanding of the applicable stautes is that as long as the release is predicated upon their receipt of payment they are legal under PA law.
PennsylvaniaI am a subcontractor in Texas who has recently gone through arbitration. The Arbitrator found that we would have been entitled to escalation, however we signed those rights away by not doing a carve-out for a potential, unknown dispute as we did in our final unconditional waiver (when the dispute was known AND we wanted our retention before arbitration). Below is what he stated in reference to the monthly, Texas standard, releases. Obviously, I think he is nuts, have you ever seen case law like this or case law that is against his finding? Any feedback would be appreciated. ****************************** By way of counterargument,XX Contractor XX raises the affirmative defense of waiver based on the thirty plus payment waivers submitted monthly by XX Subcontrator XX to secure monthly payment draws. In reviewing the documents and hearing exhibits submitted, I note that only on the final payment application waiver did XX Subcontrator XX make any effort to reserve its rights to the previously submitted PCO 93. The inclusion of this reservation indicates that XX Subcontrator XX was aware of the necessity to include such waivers should it desire to preserve any type of pending claim as contemplated in the progress payment waiver language. XX Subcontrator XX’s failure to include such reservations on the prior pay application progressively waived any possible entitlement to the extent any such entitlement was available for the limited class of impacts (delays caused by other trades, contractor, Owner, acts of God or Vandalism) for which XX Subcontrator XX had conditioned its right to seek costs by contract modification. Therefore, Titus waived its right to recover costs and I find XX Subcontrator XX has no entitlement based on this series of waivers without reservation of rights.
TexasMy company is a construction management firm, doing a small back up LP tank and generator for a single family house
PennsylvaniaCustomer paid in full on: 3/15
Customer requests conditional through this date: 2/28
Customer requests this on: 6/13
My question: Do you put that they paid in full on the conditional thru 2/28, or that they haven't (since the through date is 2/28 and they didn't pay at that point?)
CaliforniaDoes the word "Upon" turn the Florida unconditional lien waiver into a conditional lien waiver?
UNCONDITIONAL WAIVER AND RELEASE OF LIEN
UPON PROGRESS PAYMENT
(Pursuant to Florida Statutes Annotated § 713.20)
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
(insert date) to
(insert the name of your customer) on the job of
(insert the name of the owner) to the
following property:
______________________________________________________________________
(description of property)
______________________________________________________________________
______________________________________________________________________
This waiver and release does not cover any retention of labor, services, or materials
furnished after the date specified.
DATED on _______________, 20_____ _________________________________________
(Claimant name)
By: ___________________________________
Its: ___________________________________
Address:____________________________
___________________________________
Phone: ____________________________
Fax: _______________________________
FloridaWe are a subcontractor working at a project and received the waiver of release of liens(MLA appointment). We have submitted 1 pay application and have withheld 5% retainage. Retainage has not been billed out. Do we fill this out before we have received payment or after we have payment in our hands? 1. Certifications and Waiver: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and other benefits accruing, Potential Lien Claimant certifies that (i) he/she/it has signed this Waiver in the correct legal capacity and has the authority to sign this Waiver; (ii) such Potential Lien Claimant has not received any Notice of Claim of Lien upon Funds or Claim of Lien on Real Property from any other person or entity. Potential Lien Claimant waives and releases any lien, claim of lien or other interest whatsoever which such Potential Lien Claimant or anyone claiming by, through, or under such Potential Lien Claimant might have in the Property. Potential Lien Claimant waives and releases any right or protection Potential Lien Claimant may have arising out of any Notice to Lien Agent that Potential Lien Claimant has filed relating to the Property in accordance with the provisions of NCGS 44A-11.2 for work performed prior to and after execution of this Waiver. 2. Reliance: This Agreement may be relied upon by the purchaser in the purchase of the Property, Lender to make a loan secured by the Deed of Trust encumbering the Property and by Company in issuance of a title insurance policy or policies insuring title to the Property without exception to matters certified in this Agreement. The provisions of this Agreement shall survive the disbursement of funds and closing of this transaction and shall be binding upon Potential Lien Claimant (and anyone claiming by, through or under them). 3. NCLTA Copyright : THIS IS A COPYRIGHT FORM and any variances in the form provisions hereof must be specifically stated in the blank below and agreed to in writing by the Company.
North CarolinaWaivers come over with my name on them and I am not the signer
ArizonaConditional Progress lien waiver in the Exceptions portion where it says Dates of waiver and release is that the date through on the previous waiver that it was signed or the date through that the billing was done for?
CaliforniaI am a residential homeowner in Texas. My wife and I are contracted through a custom home builder to build our plan. We have continually paid him when draw requested initially after the job was completed, then during progress and lastly before work was even performed. The last several draws have pulled us into a heated dispute concerning quality of work or timelines for completion. Recently, we were notified of a subcontractor filing a lien against us from a draw we paid to him 3 months prior and another 2 additional subs discovered by us still unpaid. After confrontation, a month ago, he now says all bills are up to date. He won't provide paid receipts or invoices for proof and we have nothing in the contract that forces him to. He has slandered us with the subs and they will not discuss details with us to ensure our financial future.
How do we keep from paying twice or additional charges from contractors he has failed to pay up to date? Can we make him provide lien waivers from these subs under Texas law now after time has passed? The contract does state all subs will be paid by him although, there is no timeframe listed unlike what's found in the Texas Prompt Payment Act? Where do we go from here so that it will not happen?
TexasWe are an A&E firm working on a large commercial shopping center. Our client is behind on payments so we are filing a lien. The client has requested a waiver, and we're not sure if a waiver can benefit us in any way. We are inclined to ignore the request, but will a conditional/unconditional waiver help us in any way? We are prepared to release the lien once the project is finished and we have been paid entirely.
California