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Lien Waivers Questions
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Lien Waivers
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I have reason to believe a general contractor I deal with might not be on the up and up with payments all the time. I, therefore, do not feel comfortable signing an unconditional until their payment clears the bank. I thought that was the whole purpose of the conditional waiver. However, they have been paid retention back on 3 jobs from over 3 months ago. They email me pics of the check, with unconditional waiver copies I am required to sign and return BEFORE they will release the check. I had to threaten filing the lien before I was even shown any check from them. They were ignoring my calls until then. Isn't this illegal? I thought they had 7 days from their payment to pay me? (I'm the plumbing sub by the way). I explained I would be glad to give them the signed unconditional as soon as it clears bank. I even explained how the conditional serves the same purpose as the unconditional once payment is made to me. They are digging in their heels and will not release the check to me. Am I wrong? I don't want to fight this and find out I'm the one off base here.
ArizonaHi, customer is holding our check because they need a final release, but we haven't filed an NTO.
FloridaI'm the trustee to my Mom's estate. I recently listed her property for sale. I've had some minor house 'contractor' cost to spruce her house up. I hired a local guy that was "starting his own home improvement business". No contract - just verbal/FB messenger/text. We agreed on $800 to kilz and then paint most walls/ceilings white. After several inspections of work/touch ups he left the job unfinished and in worse condition. He short cut the project with a cheap all in one kilz/primer/paint - which was not what I asked for. There is now paint on all wood floors, trip, fixtures etc. I asked that he fix all the patches by rolling the walls out with one more final top coat and clean up the paint splatters. He didn't. He is now threatening me with a mechanics lien on my Mom's property. It will be selling/closing in the next three weeks. He will not give me his insurance policy number. I have photos/video of the damage. I've been able to put a top coat on one room myself but I think I will need to hire a new contractor to fix the damage and another to clean the floors. It was a verbal pay on inspection job. I haven't paid anything. He is now telling me I owe the cost of materials too which was NOT our agreement via facebook message. I feel like my hands are tied and my Mom's property is left damaged yet, he can slap a lien on the house to enforce payment but I have no rights to fight it? Should I pay then take him to small claims court to prevent the lien? Can I sue since I'm just the executor of her estate and the work took place in her home? Can he put a lien on the property when technically the owner of the home, my mom - didn't 'hire' him?
OhioHandle liens for manufacture/install company. Filed 20 day preliminary notice for a project in Gilbert, AZ. Project will start in a week or so prelim was sent early. Recevied call from owner of building requesting that we dismiss the lien immediately. From researching online and within Levelset our office had concluded that we are in the right in filing the preliminary notice. However the forum that Levelset provides is a great place to learn so I thought I would pose this question. Thank you all!
ArizonaFor projects that are bank funded, the bank ALWAYS requires that I sign a unconditional lien waiver prior to getting the final paid, I have tried to refuse and explain why with no luck, any thoughts?
TexasI am having a custom home built by a local home builder. Work is almost complete and I am required to pay a final draw after a CO is issued. All prior draws have been paid to the contractor in a timely manor, (within 3 days of request). I have not requested any documentation of payment of material suppliers, sub-contractors, or labor to this point. What should I ask my contractor to provide prior to making final payment to protect me form liens that may be filed after the work is complete?
AlabamaCan a Final unconditional ROL have a through date?
FloridaHi
I am the owner representative on a med-large size condo renovation. Prior to my entrance at the request of the owners, they had paid their very inexperienced GC approximately 70% of the contract and they had only completed approximately 29% of the work.
Upon my arrival, I immediately began to require all of the paperwork that would be required during the normal course of any construction job. Including lien releases from the GC and all subcontractors. The GC had been working with us and had requested additional payments (still overpaid) for contract change orders that he had not previously billed for, but needed to be reimbursed.
He is refusing to provide the lien releases from anyone and expects payment in full to go to him (no joint checks, but also will not provide progress releases from his subs)
Is there anywhere in VA Construction law that prohibits the use of Conditional Progress Releases Upon Payment and Unconditional Progress Releases for work that is already completed?
Thanks
VirginiaWe are a small company that started in November 2019. We engaged a subcontractor on a Cellular construction project. The subcontractor worked without a PO but submitted Invoices which we have been paying on time. Recently, they took off with the clients equipment (worth $30k) and now are threatening liens on sites if we don't pay them the balance ($32K) of their invoices. One of these invoices came due on 6/1 and the other comes due for payment on 6/8. We have sent them Conditional release of liens and have committed in writing (via email) to pay the agreed balance monies but the subcontractor refuses to sign the conditional release of liens until full payment is made.
We have a feeling that the subcontractor will file liens to extort money out of us once we make full payment against these invoices. Questions - 1. Can they file a lien? They don't have a PO. 2. What are our options in this case?
We need help! We are contemplating doing a police complaint against the material they took without anyone's permission.
Thanks!
Wisconsin
I'm a construction contractor and I have a customer that owed me $49,000 for work performed on a project. My customer received an email from a scammer pretending to be a representative of my company and asked the customer to ACH the payment to a fraudulent bank account. My customer ACH'd the payment to the fraudster. Does the customer still have to pay me? A few more related bullet points:
• A conditional waiver was signed by one of my employees related to the payment
• We never received the payment
• My AR employee didn't follow up on payment status until 4 months later. That's when the fraud was discovered.
TexasHello! We just did a full demo rebuild on our property. To ensure my family and the home is protected in the future, what final documents should I obtain from my contractor?
CaliforniaWe hold the property as an LLC and yet we received two prelien, one to the LLC the home is held in and then to my husband and myself in our names. Do I have to return both? We do not want to be individually responsible hence the LLC.
Please advise!
Thank you ! Diane winter
ArizonaI'm getting a patio and pool built. I should ask for a release of lien from my contractor and use the conditional partial payment form every time I make a payment untill the it's finished then use the final release of lien form once completed
TexasI am looking at loaning a friend some funds to construct his new residence. Concerned about mechanic liens. Could I hire your company to handle? As lender I will pay all bills. He will coordinate and supervise construction. What I would like - have subcontractors or suppliers give me invoice and I would write them a check after they sign a lien release. Again, can you company handle?
ArizonaHello, we are EC in Florida. We are working on a project, originally we were hired by the someone working with the GC. Then the owner fired the GC and took over under their own license. We never submitted a NOC to the old GC or the new GC. With corona we stopped working there for a month, now that we have to get back to the job we still have not been paid. They want us to go back to finish the job but we are wondering legally what are our options?
Florida