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Lien Waivers Questions
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Lien Waivers
All States
We signed an agreement for a contractor to do work on a property. We chose to cancel the contract. I want to know if there is a way that I can find out if that General Contractor has a lien waiver on my property. I need to pay them for the work that they have done, but want to make sure that once paid, I am free and clear from them.
IllinoisShawmut Construction asks their subs to sign a lien waiver and send it with their payment application. Here's one of the lines from the waiver:
"The undersigned has received payment in full, less Retainage, if any, for all labor, services, materials, fixtures, apparatus, and/or equipment furnished in the construction of the Project through the above Application for Payment Period and there are no outstanding claims against Shawmut Design and Construction, and/or its sureties, or the Subcontractor/Supplier, in connection with the Project."
It sounds like they're asking me to say that I've already been paid...in order to get paid. Is it legal for them to ask a sub to sign this before payment is actually made?
MassachusettsWe are a sub signing a contract sent by GC that states we waive our right to file a lien against the property. Another clause states that all disputes are to be settled by binding arbitration.
Is this legit? Should I sign?
TexasI take care of the lien waivers for our lumber company.
We are working with Levelset to streamline our waiver system. However, they have a Scout team that found a different address than what we are finding out on the county website? How do I know which is correct?
WisconsinI am in the construction industry ( a construction monitor for lenders) I have been told that "In accordance with North Carolina statues, the Subcontractor CONDITIONAL lien waiver automatically becomes UNCONDITIONAL after 60 days, provided no liens have been filed by the Subcontractor."
Is this true? what are the unconditional lien laws in the State of NC. I am from Florida, and if a subcontractor has not been on site for 90 days, they release all lien rights.
North CarolinaDoes this document protects the subcontractors also? Contractor is refusing to pay so builder is the one doing the check and asked to me sign this
Final waiver and realease of lien for final payment
The undersigned in consideration of the sum of 38,000 hereby waives and releases its lien on the job..
This released is conditioned upon payment and clearance of check # dated on. It has to be signed and notarized I just want to make sure this form would protected me.
FloridaI did some work for this company and he refuses to pay me I told him that I was going to put a lien on his property he went and got a cashier's check but he want me to bring him a lien waiver release form what do I
TexasI need someone to file a 20 notice of show of contest of lien in broward County how do I do that without hiring a attorney I already bought the paperwork for a contest of lien for 60 days but I don't I now how to record this with broaard County i did have it notarized thank you
FloridaI have a contractor requesting an conditional waiver with application for payment and then requesting an unconditional waiver on the same amount after payment. Is this normal? Couldn't they come back and state that they paid that same amount twice?
KansasI work for a subcontractor and multiple general contractors are requesting unconditional waivers to be signed BEFORE providing payment. I see this as a real issue, but several of them refuse to process payment until after they receive the unconditional waiver.
We supply a conditional waiver with our pay application, then the GC's require the unconditional waiver to process payment to us. Many of our GC's are out of state, so physically handing them the lien waiver in exchange for the payment is not an option. Any suggestions on how to handle this situation, as we give up our lien rights once we sign the unconditional.
OhioI am trying to work with a client for a contracting job, half way through the job she wanted additional work for the same price. When i said that was not part of the quote she criticized my job and made me leave before it was completed. I was going to send a notice to lien on her property before when she was going to give me $0 but now she offered $150 but that doesn't even cover my material costs
North CarolinaWe are a small general contractor in Houston,Texas. Per industry standard, we make our sub contractors submit a conditional partial lien waiver with their monthly pay application. We have been doing this for years now. It is lot of work to print, mark up, track, and execute lien waivers. It is also burdensome on the sub contractors especially small ones who have to run around town to find a notary to get the document notarized.
In our past experience, the lien filed on the property is usually from a tier sub or a vendor that provided materials for the project.So, getting a lien waiver from your main subcontractor does not really prevent the lien on the property. It just protects lien from your main subcontractor for the amount listed.
Example:
Lets say we have a sub contract for $100,000 with Sub contractor "A". Sub Contractor "B" is a tier-sub (Subcontractor A's subcontractor) and Vendor "C" provided material for this project.
At the end of month 1, Sub contractor A submitted pay application for $10,000 and a partial and conditional lien waiver for $10,000. He is only waiving his right to file a lien for that first $10,000. He can still file a lien for rest of the amount.Even that A turns in a lien waiver but A fails to pay B and/or C, B or C can file a lien for that $10,000. So, the lien waiver actually covers a small fraction of the lien risk.
Lets say, A turns in a lien waiver and receives payment but still decides to lien the project. We have a lien waiver on hand but it has not been filed on the court house. The court will record the lien on the property. We will need to get lawyer involved to have him drop the lien on the project as we have a notarized and documented lien waiver on hand. The lawyer will have to work with him and show him that he signed a waiver of lien and show him proof of payment and have him drop the lien. But same could be accomplished with just the proof of payment for $10,000 and a proof of cashed check. So, how much help are we really getting from the lien waiver?
If we do not get a lien waiver from A and he decides to file a lien for that 1st $10,000.00 we have proof of payment our check stub or a cashed check from the bank for $10,000.
In order to be 100% covered, we actually need to get a lien waiver from A, B and C and all of A's employees, B's employees and anyone else involved in the project. And perhaps a second tier and a third tier sub that is involved in the project which will be mammoth of a task.
So the big question is how much are gaining from chasing after lien waivers from A?
Looking forward to comments and discussions.
TexasHello. I am a Sub who completed a job in GA and the GC is disputing some of the work. I have documentation to demonstrate we did what was required. I ran the preliminary documents (notices) through Levelset and it looks like I am in position to move forward. This job is in GA and my business resides in FL. If I send my final invoice with Lien Waiver, will I give up any rights for making a lien? It has funky language at bottom about "conclusively deemed to have been paid in full even if I have not received such payment". This sounds odd. Thanks. Brian
FloridaI NEED HELP FILLING OUT A SCHEDULE OF VALUE AND HELP WITH HOW TO USE LIEN WAIVERS. I WOULD APPRECIATE IF YOU COULD HELP ME WITH THIS PROCESS AS I HAVE NEVER HAD TO DO THIS BEFORE. THANK YOU.
ColoradoWe use a combination Conditional/Unconditional waiver form.
If there has been no payment received, is it necessary to complete the unconditional section of the waiver? Leaving it blank?
Oregon