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Lien Waivers Questions
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Lien Waivers
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I work for several entities that are development companies. Additionally, we are the part owner and the GC. We are a small company that has grown rapidly within 5 years. I have received intents to lien from various vendors of our subcontractors, whom have been paid but have not paid their vendors. If i do not have a conditional lien waiver for progress payment executed what do I need to provide the vendors inorder to prevent lien? Our contracts state the subs are responsible for their materials, tools, supplies and equipment costs and that amount is to be included in their bid packages- so when we generate and execute a contract the subs and my company have a meeting of the minds that they are responsible for covering their vendor fees. Am I missing a step? Should conditional lien waivers on progress payments be executed at time of contract execution? Are their any documents I should be providing and having my subs execute in order to prevent liens?
TexasIf I made a billing mistake (undercharged by $10,000) and received/deposited a final payment from a customer, while also providing them an unconditional final lien waiver, am I still able to final a lien?
CaliforniaHello, I am a general contractor in Texas and a subcontract is emailing me a scanned copy of the unconditional lien wavier signed and notarized. Am I right in requesting he mail me the original letter that was signed and notarized? Or is a scanned copy valid?
TexasI'm A HVAC contractor, I went over to a customer's rental house and I replace the unit of his rental house. The customer told me that he was going to file it with his insurance and he was going to pay me after the insurance paid him. but he never mentioned to me before I put the new system at his rental house. I told him that he should've said that from the beginning. What can I do in this situation?
CaliforniaI have been paid. Do I have to pay file the release or can I just complete the release form and send it to the other party?
GeorgiaI have a project in Tennessee where the lien waiver being provided is on a GA Statutory form. As Tennessee does not require specific forms is this an issue?
TennesseeIve signed a conditional wiever for a company and now they tell me I have to wait 30 days to get payment. My 90 day mark to file lien is up on the 9th. I feel like they are doing this on purpose. What should I do. I sent a notice to file Lien and thats how we agreed on weiver
South CarolinaThis is a residential project addition in Michigan. We are at final payment with the GC ($5175 remaining). The GC states he will provide a waiver of lien (he did not specifically state Unconditional Lean Waiver) and that all subcontractors have been paid. However, we (homeowner) have discovered some of the subcontractors have not yet been paid in full by the GC (know of 2, not sure if more). Does the GC Lean Waiver (or unconditional Leon waiver) protect the homeowner from one of these subcontractors Issuing a lien against our property? We requested copies of the sub lien waivers from the GC. The GC states that supplying those are not in the contract, and that he did not get lien waivers from everyone. He also states that it will cost the homeowner $100 per waiver if he provides them. What is the GC Legally liable to provide If requested and can he really charge the homeowner?
MichiganThe job is completed everything is good I paid my contractor and they paid their supplier and sub but I don't want them to even be able to file a lien on my home if they wanted. If I don't get a release will they always have the ability to file a lien?
CaliforniaI paid my contractor progress payments but they haven't paid the sub or supplier. Can I withhold the next payments if I haven't received an unconditional waiver and release on progress payment for the amount I already paid?
CaliforniaI paid my contractor for a couple of progress payments and received a prelim lien from the supplier. The contractor has not paid either the sub or supplier.
Do I need unconditional waiver and release on progress payments from both the sub and supplier or just the supplier?
Also would I need to issue a conditional final payment release to just the supplier?
CaliforniaHello,
We've historically cut joint checks for any conditional waivers that a subcontractor provides for its sub-tier subcontractors/suppliers in a given billing period. We currently collect a list of sub-tier subs/suppliers at the beginning of a project and add to the list as they become known to us (typically via preliminary notices or notification by our field personnel). Through the rise of waiver/payment services such as Levelset, I've been introduced to the concept of a sworn statement document being provided by the subcontractor each billing period to capture the amounts owed to sub-tier subs/suppliers.
Joint checks have always been a point of contention with subcontractors and they also create difficulties with the move towards utilizing electronic payment methods. Add in the reduced security in recent years with the increase in ATM and mobile deposit use (we've had subcontractors mobile deposit a joint check directly into their own account with no issue) and it just seems like there needs to be a better way.
How well does collecting sworn statements each period, backed up by waivers from each listed sub-tier sub/supplier, protect us? Compared to the use of joint checks? We primarily operate in Arizona.
Thank you.
ArizonaI live in Arizona, Pima County, I am having a house built and want all contractors to sign a release from lien so that they can not come back and place a lien after paid. I am ensuring that all contractors provide quotes and want to ensure that I am covered what is the best document to use.
ArizonaWe are a sign mfg company that installs large LED signs
UtahI'm GC who did NOT send a prelim notice for a project and now wondering how to collect on unpaid balances.
California