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Lien Waivers Questions
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Lien Waivers
All States
lien was mailed on august 17 2020. All fees,assessment,interst,late fee,costs,and balance were paid on sept 21 2020 I thick i help..
FloridaI provide the lien waiver forms to our contracting teams
CaliforniaMy documents are being mailed today/tomorrow to all parties. The customers lawyer reached out today and sent a copy of our check and is requesring we bring the final lien waiver and collect the check. Do we try to have the lien released now or let it go thru and then have it removed (assuming they make payment)
New Yorkwhen a subcontractor files a pre lien, and the GC wants us to provide a Lien release, do you go back to the same date the prelien was filed ? or before ?
CaliforniaI sent a lien for our project called RCloud. Since I sent the lien, the GC has made one progress payment. We are still owed $218,602.80 which includes unbilled retention.
The GC is asking if I've updated the lien amount to reflect the new balance since they made a payment. Is this something I need to do? Or does the lien amount remain in tact until I'm paid in full?
CaliforniaGreat. I'm trying to figure out something. We're a concrete service business(Sub). We mainly estimate our projects with materials and concrete costs. However, we started a project where we only did the labor work and the contractor was responsible to pay for materials and concrete cost. However, those cost went on our account with our vendors for better pricing. The problem is that they have to invoice their investors and once they get a payment they release the checks to our vendors. However, they've paid a few outstanding invoices here and there. Now they're asking for an "unconditional waiver and release on a progress payment". Should I allow our vendors to send it out? From what I've read it seems like I shouldn't. However we've gotten paid for a portion of our work but again we only billed for labor, not the material as the agreement was that they would pay for it directly, and I'm not sure how this would apply now.
AlabamaAs the GC, we paid a subcontractor for an invoice, in full, and subsequently terminated their contract, but we have never received an "Unconditional Waiver" from them. What do we do if one is never sent?
CaliforniaHi, I'm new to the flooring Sub contracting industry and I don't know the exact difference between a conditional and unconditional waiver? I think I'm just not fully grasping the concept for some reason. If our GC's require vendor waivers for the previous month, to be summitted during the current months billing, do I use a conditional or unconditional waivers? Also, if I want to bulk multiple months such as July and August to be submitted with October's billing, which waiver do I use?
TexasWe have a GC that is holding payment until we provide them with executed contracts from our subcontractors. We have already provided them with notarized lien wiavers from our subs stating they are paid through the date of our pay app and we dont owe them anything. Are we obligated to provide their contracts as well?
FloridaThis company is trying to sell this location but can't because there is a lien still on file. we had signed an unconditional waiver for the amount they had paid of 19k leaving a balance of 47k. Since we signed the waiver when picking up the first check, does that mean we don't have lien rights If we decide to take to court?
TexasWhat is the Minnesota statue that addresses the following:
Minnesota specifically forbids the waiving of the right to file a mechanics lien or make a claim against a payment bond prior to the actual receipt of payment. Any such waiver is void and unenforceable. However, the statute specifically notes that the waiver may be valid as to any third party that relied on the waiver to his/her own detriment.
MinnesotaI filed a Texas bond claim for the amount of $20,996.00 for payment application #3. The GC reached out to me and offered me a check for $5,000.00 for PA#3 and for me to sign a conditional lien waiver on progress payment to release the check to us and once we deposit the check the GC wants a unconditional on progress payment. Since our pay app #3 was for $20,996.00 and not for the $5,000.00, should we accept the $5,000.00 and wait for the rest of the amount? Or should I not accept the check for $5,000.00 and let the GC know that we will only accept a check for the correct amount of $20,996.00 that we billed for pay app #3?. I'm scared that our bond claim voids or cancels if I accept the $5000.00 and lose out on the remaining balance the GC owes us.
TexasWe get various lien waivers from our general contractors. Some have the invoice # listed on lien waiver for which the payment is being made. Even though the project may not be complete (we may do additional work and bill for that work), the payment is "in full" for the referenced invoice(s). In that case, how should I mark the lien waiver? As full and final for the indicated invoice(s)? Or partial?
MinnesotaHi -- One of the contractors we do work with is asking us to revise a Conditional Waiver on Progress Payment. Specifically what they are asking is that in the Exceptions section, the date indicated be the through date of the invoice associated with the waiver issued, not the date that the waiver was issued. For example, if we have an unpaid invoice dated 9/8 for work through 8/30, they want the date in the Exceptions section to be 8/30, not 9/8.
We've never had a contractor make this request, and frankly I'm not confident that this particular contractor knows what they're talking about, so I want to make sure this is a valid request that won't put our firm at any risk.
I can be reached at mdegood@bcf-engr.com or 559-326-1400. Thank you in advance for your assistance.
Michele
CaliforniaWho is the subcontractor? K&B HOME AND LAND PRESERVATION. I'm the owner . Who is the general contractor or the contractor above them? A company out of Florida. (SOUTHERNCAT IS ABOVE THEM). Which company are you with? K&B HOME AND LAND PRESERVATION (SUB CONTRACTOR FOR the Florida/company). What kind of project is this? DEMOLITION/HURRICANE LAURA. Which lien waiver was sent? subcontracts supplies or service providers conditional waiver of lien, Agreement for Indemnification. Contractors payment affidavit as of Sept 29, 2020. no one is responding after forms was filled out. How would NOI and threat of legal action help us as company? do I have to filed them in Florida where the company is from? It say that in the original contract....we are in Texas. Do I need to contact the actual owner of the property?
Texas