I hired a contractor to paint the interior of my house and I agreed to provide the paint, and all other supplies. I purchased 2 five gallon buckets of paint for the walls and then an additional five gallon bucket for the ceiling. 6 tubes of caulk and 6 rolls of tape, 6 paint roller covers and 10 paint trays.
My house is 1281 sq ft. He started on a Monday and when I met up with him on Saturday ALL ten gallons of paint were used and hardly any of the ceiling paint was touched. All the tape was used, none of covers or trays used. And only half of the caulk was used. Unfortunately he had only done ONE bedroom completely, the second bedroom was originally white and only had one coat and it was all streaky. The hallway was a disaster. The master bedroom had two coats but needed the trim to be completed. Then the dining area and kitchen were spotty and the living room was untouched. Now he is wanting $1980. The paint itself was over $400. I had to fire him as he had only done two things right. Patching the walls and caulking some of the baseboards, not even all of them. What are my rights?...Read More
We are a General Contractor and are about to fund retainage to subcontractors who performed work on the project in Missouri and need to have the subcontractors sign a final waiver before they are paid....Read More
I am getting a customer right now who is requesting a $0 waiver for a UF for which they have not paid anything yet. We returned the waiver with the payment amount $5,000.00 (example).
They returned it to us and said the payment amount needed to be $0 in order for the bank to approve it, and that puting $5K in the payment amount made the waiver "upside-down". Is it still advisable to not grant a $0 lien waiver in this case?...Read More
I read that 12 states need to use the specific lien waiver form including the states where we do business. We use a software that generates lien waivers, and while it doesn't generate the form, it is worded exactly the same for each respective state. Is this OK to use, or do we need to use the form?...Read More
I read in the lien waiver fundamental class about not signing lien waivers with $0 amounts on them. But what I don't understand is when I can sign a conditional final, as I have only ever seen $0 CFs. I am from CA, and we also have customers from NV....Read More
Hello. I am the homeowner on a large project. I had a contractor who hired sub contractors. I thought that we were on the same page, that we would get a Lien Waver, from each subcontractor, BEFORE we submitted FINAL PAYMENT to the major contractor.
They are acting as if they do not know what a Lien waver or Release of Lien is.
They gave me one to sign. I thought it was the SUBCONTRACTORS who needed to sign ? Please help? Thank you....Read More
If a contractor has already filed a lien, then months later signs a lien waiver for a different amount than original lien, can the original lien still be executed, and forclosed?...Read More
Per the Texas code, the check should clear the bank prior to signing an Unconditional Waiver. Can we get those back to you on Monday after the checks post to the account? Is this a true statement? ...Read More
We are a subcontractor on a new construction project. GC is requiring an unconditional lien waiver be signed before paying us. I say that's backwards. Is it legal for them to require that signature? I think this is like double jeopardy: If I sign the waiver and they don't pay, I can't lien. If I don't sign the waiver unconditionally, they don't pay us. How can I convince the GC they are doing this wrong? I told them I would send a conditional waiver, which is valid once we have been paid, but they don't want to accept that....Read More
We were notified by a factoring company that a subcontractor had factored an invoice we owed the subcontractor. The payment terms were with in our payment policy period. The subcontractor took the funds from the factoring company and did not pay his suppliers or his subcontractors. We are now getting demand letters for the factoring company to pay the invoice however we are not paying them but using the mobey to pay the outstanding invoices the subcontractor owes. Do I have to pay the factoring company or offest the payments from what the subs owes?...Read More
When writing a conditional waiver do I include the amount from the previous conditional waiver in the grand total if I have not received payment from the previous conditional waiver? I wrote a conditional waiver for February and now they are asking for both March and April so as I write these conditional waivers do I keep including the previous amounts. I do see the exceptions section so I did put in there that we sent a waiver and didn't receive a check but im not sure if for the new conditional waiver make the amount of check we are owed a combined amount from the previous months or do I just write how much they owe us for the current month because I listed the previous month in the exception. ...Read More
I am a GC and I have paid my subcontractors per our subcontractor agreements. I have 1 subcontractor that is wanted more than what was agreed do and is threatening a lien. As a GC if I provide a lien waiver to the property owner with proof of payment to each of my subcontractors. Do I as the GC still need to collect a conditional lien waiver from each subcontractor?...Read More
We are a subcontractor company, we entered into a contract with another Sub to provide Material only. We have invoiced for all of product, though we still have some on site that has not been delivered. We have invoices going back to August 2022 through January 2023 that are unpaid. The one time I was able to get them on the phone, he informed that he did get paid by the owner and payment would be sent. He has since stopped responding. Because this is a product only contract, do we still have lien rights? If we do, do we send the intent to lien to our customer as well as the owner?...Read More