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Lien Waivers Questions
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Lien Waivers
All States
Lien attached to project
CaliforniaWe did a Mini house for the customer. We have had a hard time collecting the remaining balance. The balance is around $2500. The customer sent a check for $1000. and is refusing to pay the remaining balance. I have done a notice of intent to lien. Can I cash the check and adjust the balance due and then file a lien?
CaliforniaHello,
I live in CO and recently hired a GC to finish off my basement. He will be using subcontractors for some of the work. I want to make sure I protect myself from possible lien filing in the event the GC does not pay his subs. The agreement we entered was that work would be performed over a 6 week period. I would pay the GC directly in the amount of 1/3 up front (this payment I have already made), 1/3 at the midway point (this payment that has not been made yet), and the final 1/3 upon completion of the job (this payment also not made yet). I'm unsure which lien waiver to have my GC sign. It appears that Partial Conditional would make the most sense since I am making payments throughout the job instead of one final payment, and some of those payments have not been made yet. I'm unsure how this affects the first payment that I already made, though. Also, Colorado does not have a state mandated form to use, so can I use another state (such as California?) as a starting point and modify it? Any guidance would be appreciated. Thank you!
ColoradoThe property owner for a California development project is requiring us (the GC) to have matching through dates on all tiered waivers. We've never been asked to do this before, because subs might not be working through an entire billing period, and sometimes suppliers may be switched in the middle of a project. Is this a standard practice, or even allowable? Thank you in advance!
CaliforniaA coworker argued that withholding a conditional release for a CA job would benefit our company if there are prior unpaid conditional releases. I stated that it would not benefit us to withhold any conditional releases, as they still show a balance owed, with prior release amounts listed as exceptions. It is still a collection tool showing balances owed to our company. I am curious if there is any guideline in regards to withholding a conditional release. I see no benefit to this.
CaliforniaWorking for a utility contractor that builds internet infrastructure underground or aerially (attached to poles owned by third party) within the public right of way in the state of Florida. No current need to actively lien any property but provide lien waivers upon payment. Looking for proper, defensible property descriptions.
FloridaI work for a general contractor and it has been brought to my attention that Tenneessee doesn not require that any lien waivers be notarized as of June 30, 2018. Can you confirm?
TennesseeContractor remodeling a part of the interior of my house is owed a balance and I want to know what form I use to insure that he has paid all of the suppliers and any laborers he used to complete the work.
AlabamaI believe GC's are just wanting to make sure the communication is there between subs and GC's to get payment situations squared away, but their excuses are always owner hasn't payed. My questions is this legal to put in their contracts ?
ColoradoI was asked by my Senior Project Manager to look into using Zlien as a possible program to track Notice to Owners and releases. I want to be sure before looking into it that an electronic signature is accepted as legal and binding in Florida.
Floridai remodeled a accident attorny's kitchen and did some rememdiation on a water claim he had. Now he want s me to sign a lien to get paid for what he owes me. Is this a safe thing to do?
FloridaI'm the General Contractor working for a client who is acting as the Owner/Builder. Client is from
California and a past developer of Condominiums. The issue is the subcontractor working for me
has completed the foundation work. The work is not satisfactory to my client, and he represented
to me that Trustee and local attorney feel that the delays caused by the concrete contractor and the
sub-par work has caused them to balk on a $6677 payment.
The subcontractor and all the material suppliers have signed Conditional and some Unconditional
releases (over kill and mounting paperwork). The subcontractor in good faith signed the Conditional
and we thought payment was being made, but client came back and wanted Unconditional Releases
from this subcontractor now with no payment.
This has created the concrete people to start texting me threatening texts, inflammatory emails, etc.
I have requested the Client to put in writing WHY no payment, as well as if a "holdback" is warranted so the subcontractor can be paid what is not in dispute, to alleviate the threats, as I will probably give the Police
department a heads up on these texts.
Client says the Trustee and local attorney have the say, "and it's out of his hands". We were never
told there was a Trustee involved before we signed our contract. Who are we working for, or is this
a reuse? We told Client if this is not resolved immediately, and some sort of payment is not received
by this sub. We will not move forward in our contract and will not be onsite next Tuesday.
I feel this problem in the early stage of construction is not a good sign. Client borrowed $450,000 and to
date about $38,000 has been paid to the excavator and the concrete contract. Thx for your assistance.
forward on our contract to do the framing
IdahoIf we have an electronic copy of a Interim Waiver and Release Upon Payment for Georgia - do I need to also get the original returned?
GeorgiaI work in the Accounting Department of a construction company doing business in California and Wyoming. I see that all unconditional lien waivers must be notarized.
WyomingIs it necessary to request an Unconditional right after the Conditional. Seems like a lot of additional paperwork. Is this something in the Idaho law to do this? My client is a California developer, and is afraid of getting stuck with a Lien after the fact? This is why I selected Zlien, as electronically is less paperwork. Thx wb
Idaho