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Lien Waivers Questions
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Lien Waivers
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How many days can I extend a notice to lien?
CaliforniaMay company has completed a job if removal of a burned historical building. We completedcthe job in Feb 2021. Since that time we have not received payment. We were asked to provide a W9 40 days past completing the job, which I sent. Today, I received an email, from the bank. They had received the estimate for the job and the W9. They are now requiring an executed Lien waiver in order to make payment faster. I am fully aware of what's Lien is. What are my rights?
North CarolinaHello,
One question I've never been able to find the answer to is this:
What is the impact if a conditional waiver (progress or final) is short paid? Say that the conditional waiver was written for $998 dollars and the subcontractor/supplier was paid $989 dollars in error. If an issue were to arise, would the court find that the subcontractor was still owed $998 dollars because the condition of the waiver wasn't satisfied, or would it find just for the delta of $9 dollars that was still outstanding?
If jurisdiction matters, we do work in AZ and CA.
Thank You,
Brandon Hubbard
ArizonaDec 2020 Conditional sent for 69,276.00, Jan. conditional sent for 38,854.75 with exception amount of 78,848.23(notated Dec 9572.23 missed invoice, IE question on top) Payment of 69,276.00 made in full on 2/11/21. In January, we found the interest charges( 1864.69) were not included. Where do I put this? BIG problem : The secretary signed an unconditional progress for the amount of 69,276.00 dated 3/2/2021. I have a 2/2/21 I need to fill out and have a chance to clean up all the mess. HELP.. Doreen Rogers
CaliforniaAs a GC I have always provided Conditional and Unconditional Lien Waivers to our clients on a commercial job.
There is a new job that is coming up and the client is also requesting Conditional and Unconditional Lien Waivers from our Subs, Vendors, Manufactures, and pretty much anyone who will be tied to this job per payment request.
In the state of Texas, are the lien waivers required from our Subs and vendors to submit to the client in request for progress payment asides from the Final payment?
Thank you.
TexasI am a snow removal sub contractor. I recently received a lein waver to sign for payment of my services. I have not been paid yet and the General contractor wants to have me sign a lein waver before he pays me. Is this legal? Sounds like I should get payment first before signing away my rights. I am located in Minnesota. What are your thoughts?
MinnesotaI've been informed to not make a prelim until our Project Manager gives me the okay on one job. The company we are working with on this job has requested an update for this prelim and requested an Unconditional Waiver already. Am I able to send a release even though I have not made a Prelim yet?
CaliforniaI'm a FL subcontractor and signed a conditional partial waiver and release of lien for payment. Can I still Lien the GC? My Lien opportunity expires 3/14/21. My last day of substantial completion was Dec 14 2020. Can I still Lien if I signed the Conditional Partial Waiver??
FloridaWe've had a private construction contract going with a contractor for over 13 months in Arizona to construct a spa/pool and backyard BBQ/kitchen as well as install hardscape tile and artificial turf. This is a significant investment (over $110K) for us, and the contractor essentially refuses to complete the project citing COVID-19 at every turn. Through February 24, 2021 we'd payed 90% of the total contract cost, but received approximately 70%-75% completion. Between October 2020 and February 2021 we've filed two complaints against them with the AZ ROC, and in retaliation they recently served us three preliminary 20 days notices in less than a week claiming we owed them money for work completed. The only outstanding monies owed to them were for the last interim/progress payment that would be due at the beginning of pool/spa interior prep...that hasn't begun nor have they delivered any materials to our property or told us that they are beginning to work that project milestone. However, to show good faith we paid off the final $10K hoping they'd actually start putting some effort into finishing other uncompleted milestones. After they received the final payment we requested an unconditional waiver and release pursuant to ARS 33-992.01 and 33-1008. Since we didn't have a payment bond (entire project has been paid in cash), can we require the contractor give us an unconditional waiver and release? We say yes...they say no.
ArizonaIm trying to get first draw on project . GC is requesting i send them 2 lien waivers . 1 is a subcontractor supplier lien waiver 2 is a subcontractor interim waiver and release upon payment . GC is requiring these waivers before payment . GC waivers are off Georgia lien waiver laws but job is in Louisiana. What do i do.
LouisianaNew to the construction loan process. If I'm purchasing materials and supplies for the project from online vendors (i.e. vistaprint, global industries, amazon, etc.) do I need to get a lien release from those suppliers?
TexasWe are working for a General Contractor who is asking for an unconditional lien waiver after payment of invoice where an interim (conditional) lien waiver was previously submitted prior to paying the next invoice. Does Georgia have a form for an unconditional lien waiver that is separate from a Final Lien Waiver and can the GC require that we fill out and submit this form?
GeorgiaIs it legal and/or wise to issue a lein waiver if the full payment was made by the customer for the project but the work has not been completed yet? The customer may be closing on the sale of a property before the project will be completed.
WisconsinI hired a contractor to do work in my house. I paid him 50% and he didn't complete 50% of the work. He doesn't answer calls anymore and continues to give excuses why he can't come and is down-the-roading the project. He's way outside of the terms of our contract. I don't want him to turn around and say that I don't want to pay the balance and then he puts a lien on my property. So i want to protect myself against him placing a lien on my property for the remaining balance. Do I file a Conditional or Unconditional Waiver & Release on Final Payment?
New JerseyOur company works as a sub-subcontractor providing construction labor. We filed a Mechanic's Lien via Levelset to the County Courthouse. We have been contacted by the responsible party, alluding that we will be getting paid. Once we get paid, do we need to file any paperwork with the County Courthouse to release the lien or if the responsible party submits an unconditional waiver/release of lien is that sufficient?
Thank you!
Nevada