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Lien Waivers Questions
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Lien Waivers
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Need to know if my type of company qualifies to use a conditional lien in Florida
FloridaI'm trying to locate information on my question above.
New MexicoDraw #6 appears to be a final draw with my contract-previous paid-this payment=0 but I know a Change Order is going to be issued for Draw #7 that will increase my contract. Am I okay to issue a Final Waiver for Draw #6 and a second Final waiver for Draw #7 as long as my contract value increases with Draw #7?
IllinoisLIENS. Contractor agrees to, and hereby does, waive any and all rights
under any and applicable state statutes to file liens of any kind whatsoever
against properties on which it or its subcontractors have performed work, for
nonpayment of invoices or any other reason whatsoever. Contractor further
agrees to take no action of any kind which would affect in any way the chain
of title to such properties including but not limited to the filing of any liens,
lis pendens notices, civil actions, or the taking of any action which clouds
title to such properties or in any way interferes or affects UFS’s clients’
ability to transfer title to the subject property to third parties. Contractor
agrees that in the event Contractor breaches this provision and files a lien
against any property covered by this Agreement, irreparable damage to
UFS’s reputation and business relationships will be caused thereby. The
Parties agree that if Contractor breaches this covenant, Contractor shall pay
to UFS liquidated damages in an amount equal to the sum of (i) $50,000, (ii)
the dollar amount of the lien or other encumbrance placed on any applicable
property by Contractor; and (iii) any attorneys’ fees and costs incurred by
UFS in the removal or clearance of the title clouding issue.
Contractor shall not permit or cause any lien to be filed on any property by
Contractor or any subcontractor or other third party that provides services to
Contractor in relation to the services provided by Contractor to UFS
hereunder. If a lien of any nature is filed by any person who has supplied
materials, work or services of any kind at the request of Contractor or its
subcontractors, against a property or properties which services were
performed for UFS pursuant to this Agreement, Contractor shall promptly, at
its expense, take any and all action necessary to cause any such lien to be
released and discharged, and shall indemnify UFS against any and all losses,
claims and damages, including reasonable attorney’s fees and costs resulting
from Contractor’s failure to obtain a release or discharge of any such lien.
Nothing contained in this provision shall limit or prevent UFS from taking
whatever action it deems necessary to protect the value of any applicable
property and its interest in the subject real property, including but not limited
to the right to obtain immediate reimbursement from Contractor or for any
amounts paid by UFS related thereto. This provision shall survive the
termination of this Agreement.
New YorkI have a vendor that supplied granite invoice of $500 and they told me they don't have to notarize or sign a lien because they are a LLP and are exempt.
MississippiWe provided an unconditional final release (and our subs did too) for a job that we thought was finished last year. The job has started again under the same contract and I would like to know if we should prelim this job again and ask our subs to prelim this work again.
CaliforniaWe are accustomed to exchanging CA lien waivers on most jobs. We currently have some jobs in Texas. Do we have to request Texas statutory lien waiver forms from our subs? If possible, we want to avoid requiring notarization on lien waivers from subs. Would we be able to request CA lien waivers on Texas projects?
TexasI am a private lender with a first mortgage / construction loan on a single-family home in Atlanta Georgia. My Borrower has requested from the General Contractor release of liens during the construction funding. The General Contractor has not and will not provide the Borrower with either final release for those sub-contractors that have finished or partial release of lien from himself or sub-contractors. I informed the Borrower and the General Contractor that is will not fund the final draw request without releases. My understanding is that the Borrower can still be liable for any unpaid sub-contractors bills even if the Borrower pays the General Contractor. The General Contractor is that his contract doesn’t provide for any releases other than the Final Release with the Final Payment.
I am correct in not funding until I receive the releases, because first you can't change state lien status in a contract and it is dumb to fund without the release.
GeorgiaI did work on a building that will be used for commercial and apartments and cannot get paid. I signed an independent contractor agreement that had a provision waiving my lien rights but i heard that you cannot waive lien rights in a contract in Pennsylvania.
PennsylvaniaI want to make sure we have the right info regarding the new stamp for our checks made to Subcontractors. it says:
By endorsement hereon, the payee acknowledges receipt of the amount of this check in full payment & satisfaction for all work preformed and/or materials furnished on the premises as described on the face hereof to date shown below, and waives all right to mechanic's and/or materialman's lien therefor. Signature Required in Two Places. date___________ then two signature lines____ ____. Must be endorsed by payee in person, or if a corporation must be signed by officer giving his title.
ColoradoWe would like to have some of these documents reviewed by your legal department if possible.
North CarolinaWe are a CA GC doing tenant (our client) improvements on a project. Mid-way through the job the client/tenant has sold its business and stake in the project to a new client/tenant- the property owner remains the same. We always name the tenant in addition to the property owner on our prelims and did so here as well. With the tenant now changing- do we amend the existing prelim to change out the tenant info, or is it better to issue a new prelim (plus unconditional final lien waiver corresponding to the old tenant being although the job is not complete, they have fulfilled the financial obligation for their portion of work completed before the change in business ownership)? Also, want to share this info with subs and suppliers down the chain so they can do the same. Thanks!
CaliforniaHad roof redone entirely due to hurricane Irma. Contracted a roofing company and about to make final payment, need to know if they are required to issue a release of lien or lien waiver or a simple receipt upon receiving final payment
FloridaI have two different project numbers for the same project. Can I issue an Unconditional waiver for one of the jobs that has been paid, even though the other has not?
I issued a waiver for one of the jobs, that then was paid. He is requesting a Unconditional Waiver for that paid job. But, I have a second project number that is the same customer po and project location.
If I request an Unconditional Waiver for Project A, does that carry over to Project B? Even though I have issued two separate Prelim's for each?
CaliforniaOne of our subcontractors, in California, is claiming their supplier doesn't have to sign another unconditional final, even though I know they have invoices after the date of the original unconditional final.
California