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Lien Waivers Questions
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Lien Waivers
All States
Yes I have a general question. I work in the construction industry. If a sub's supplier files a 20 day prelim notice (California) and gives an unconditional final, yet they have more invoices dated after the date the unconditional final is signed, does the lien rights still exist? Do I still have to get another unconditional final?
CaliforniaWe received an intent to lien from someone who did sales/ commission work for the contractor we hired for our roof project. We haven’t made the final payment yet. Will getting the lien waiver stop the potential lien?
WisconsinI am a sub contractor. The GC is asking for an unconditional lien waver but they are not including retainage in their payment
FloridaWe have a project that we received a deposit / down payment and issued an Unconditional Progress Lien Release thru 4/30/17 with an amount of $247,031.25 & emailed to our customer on 7/18/17 and now they are asking for an Unconditional Progress thru 4/30/2018 for this same amount. I sent them the older one, but they keep asking us to change it to 4/30/2018.
Would I be ok to give them what they want, as long as I do not give them the Unconditional Final!
CaliforniaWe are a tiny sign company that has a Property Manager that has asked us to change their pylon sign to LED. We use a larger sign company to do the work. Our client has requested a lien waiver. We are in TX. We have never done one of these. I am filling out questions on your website for the lien waiver. Who do I put as Making the payment and Waiving the lien rights? Basically we pay the vendor. We mark up the price and charge our client who pays us. what do I put for Who hired the claimant?
TexasI'm just researching statutes mechanics liens in TN. I own property and my boyfriend and I were building a home on land that I own solely. He left me and now is wanting $68k for labor and materials but refuses to provide me all paid invoices and W9s to assure me that no one else can bill me. Just curious if he can place a lien against my home. I was building this home as a primary residence.
TennesseeWe are an interior design firm in Florida working on a project in Texas. The builder wants us to sign a Lien waiver in the state of Texas. Can that be done?
TexasIf the lien waiver states all materials supplied as of release date of 4/30/18 must have been paid in full but the subcontractor only supplied the amount paid as of 4/30/18 but all invoices up to 4/30/18 were not paid, does that (if signed) waive lien rights for the material not paid up to the release date?
The bottom of the form shows the correct amount paid through the 4/30/18 release date.
Does it go by payment through release date or material supplied through release date?
PennsylvaniaWe have an Architect Co who we hire to provide HABS/HAER consulting and documentation services. Scope of work; Review of research materials related to the building(s), creation of HAER Level II documentation of building(s) - (we provide photographs), updates to any previously prepared reports. Ongoing consulting. Are their services lienable here in California?
Asking so I'll know whether or not to ask for a waiver and release form.
CaliforniaWe are looking into using zLien for all of our lien waiver needs, we want to be sure we have a good understanding of what the law in Texas states.
TexasI have a lien order with Zlien and the contractor has sent a check for 2/3 of the amount owed, however they stamped the endorsement area with a “lien waiver” worded paragraph. Can I cross that out and write “do not agree to terms” and still cash the check & pursue the remaining amount owed?
Coloradowant to make sure that once I make payment in full that there are no liens and that roofer and subs cannot file liens.
FloridaThe borrower/owner of the land, had the builder begin construction of their new home before the Bank/Lender had their Deed of Trust recorded. I am looking for a Lien Waiver for the Builder to sign for the work done prior to the Deed of Trust being recorded.
TennesseeHello,
Customer is asking to sign a lien waiver with language that states:
In consideration of the progress payment of $x the receipt and sufficiency of which are hereby acknowledged, the undersigned and subcontractor or supplier for the above project warrants and represents to Contractor and to Owner that all persons, firms, associations, corporations or other entities furnishing labor, materials, services or equipment to the undersigned through the date hereof and all other items in connection therewith, including without limitation all payroll, sales and privilege taxes, have been paid in full up to and including the most recent previous progress payment or will otherwise be paid in accordance with North Carolina Prompt Payment Act and applicable law.
I looked into the North Carolina Prompt Payment Act and it stipulates that subcontractors must pay their suppliers within 7 days of receiving payment from customer. However, we have no way of tracking that as our supplier terms are different from our customer payment terms.
As a company who has provided material in the state of North Carolina - are we required to fill out this form for the customer who is requesting it? Are we required to make payment to our suppliers within 7 days of receiving payment from customer?
Can you please help!
Thanks,
Amena
North CarolinaOur customer has added the following language (in CAPS) to the TX partial conditional/unconditional forms. Is it without our right to indicate that the language is outside of the statutory form and not accept?
This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to __________________ (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished FOR WHICH THE UNDERSIGNED HAS NOT RECEIVED PAYMENT, AND CONTRACT RIGHTS, INCLUDING (A) A RIGHT BASED ON RESCISSION, ABANDONMENT OR BREACH OF CONTRACT, AND (B) THE RIGHT TO RECOVER COMPENSATION FOR WORK NOT COMPENSATED BY THE PAYMENT.
Texas