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Lien Waivers Questions
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Lien Waivers
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We signed a waiver and partial release of lien on a job we were finishing for a General Contractor. Subsequently we billed the final retainage amount which is now 60 days past due. Can we file another lien on this project? I had filed one lien and released it already and we did the waiver and partial release as well.
TexasWhat is the best practice when requiring a subcontractor to sign a partial unconditional waiver as we don't have a notary onsite? If the form needs to be notarized every time we pay a subcontractor, what's the best way to ensure that it's done and sent back to us?
MassachusettsI received an conditional release of lien from the roofing company that did work on my house if we paid our final balance, which we did. Now they are sending us an invoice for $4000 more than we weer never invoiced for or know what it is for. It is stated as a notice of intent to lien. Can they do this?
We are a real estate developer/architect/owner of a spec project and a sub-contractor (cabinet/countertops) did not complete job by deadline and has been paid in full on American Express. We had a written agreement if they did not complete by a specific deadline they would incur a $10,xxx penalty plus $1,000 per day until complete. Still have not finished. 47 days past deadline, fired them and opened dispute for the $58,000 in penalties with American Express. Now they are threatening a lien on the property. They say they want to complete the job, so I want to have them sign a lien waiver and agree on new deadline of end-of-next-week and if they fail to complete the job by then, the original penalties in full are owed to us and they will not file a lien. Since they've been paid in full, I pulled the Unconditional Lien Waiver from your site. Is that the proper form and should I have them execute any other documentation? Do I have recourse with the board of contractors for shoddy and incomplete work? Are there ramifications for them filing a lien without just cause?
New MexicoWe are a subcontractor on a prevailing wage project for the CA Dept of Parks and Recreation. We have finished our portion of the project and the general has submitted bills to be paid. The state hasn't paid yet and the general has agreed to send us $30,000 as a small progress payment to help us with our cash flow.
Our first invoice sent to the general was a progress invoice on the original contract for $22,585.05 and change order contract for $169,150.00 totaling $191,735.05. We have since invoiced the general two additional invoices totaling $54,828.91. I'm not sure how to complete the release for the $30,000. My understanding is that I would enter $30,000 as the amount to release but do I need to enter the remaining balance somewhere on the waiver?
Thank you
CaliforniaWhat is the next option if we missed deadline for preliminary notice in the state of North Carolina
North CarolinaHired a Restoration Company, has general B Contractor License in California.
His contract has only $1.00 with no description of work or its cost. With tbd for completion dates.
They also have done damage to our home, with improperly hanging of 11 doors, they painted latex over enamel with no prep or primer. Had a cslb expert out that determined their work does not meet Construction standards.
This contractor put a lien on our home after I exited his $1.00 contract. What is our option in court with his lien? Does he have a vaild lien if he doesn't have a vaild contract?
CaliforniaIn particular, this is underground infrastructure work on a federal Department of Defense installation in Missouri.
If the answer is "no", is there any reason to obtain lien waivers from the Material Suppliers and/or Subcontractors?
MissouriI have a GC asking for a vendor release from 5/31. I have already submitted an unconditional release through 7/31. Is this sufficient to pay all past due money? Or can they ask for a release for 5/31?
CaliforniaThe GC is requesting to sign "Partial Payment Release and Indemnity Agreement", even we haven't received the payment now. Can we Waive Rights Before Payment in the Massachusetts state?
VirginiaI recently received paperwork from an escrow company asking me to release a lien that was placed on a mobile home. They sent a "Conditional Lien Release"; "Lien Satisfied"; "Power of Attorney". At time lien was placed, in 2018, State office told me in order for lien to be released I would need to be paid first, then I would sign off on the lien. This paperwork is asking that I sign off now, prior to close of escrow. I don't wish to stall sale, but I also want to ensure satisfaction of my lien. How do I ensure satisfaction and not give up my rights regarding the lien and risk not being paid? Thank you.
CaliforniaWe have filed our "notice of intention" mechanics lien in Rhode Island. Our customer has reached out to us and we have agreed on payment. Is it appropriate to sign a statement saying once they pay this amount we will release the lien? How do we go about releasing if we haven't enforced (before the 40 days)?
Rhode IslandWe contracted to have an addition built. We furnished many items for the project. When it was time for final payment the contractor owed us a small amount of money which we forgave. Therefore there was no final payment. We moved in, that was 2 months ago and we have not gotten any final paperwork from the contractor such as a certificate of acceptance for us to sigh or an affidavit that all bills are paid which are called for in our contract. I want to send him a waiver and release for him to sign, notarize and return to me but none of the 4 Texas forms fit my situation. What should I do since I can only use Texas forms? Thanks in advance for any help you can offer.
TexasQuesiton: I am a franchisee of a cookie store in CA that we just finished. I requested our TI from our Property Owner who is now requesting lien releases for construction done.
Who do I go to for this? Would it be my General Contractor? My Subs (HVAC, ELECTRICAL, PLUMBING, FRAMING?)
California