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Lien Waivers Questions
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Lien Waivers
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We have completed a job and it has come time for the contractor to pay us our retention. The main contract between the owner and the contractor (which we are bound to) states that the owner will not release retention until the contractor sends them signed unconditional lien waivers from all subcontractors. I do not want to sign an unconditional when I have not yet received a check. How can they require this?
WashingtonIn 7/2017 our customer Elicc Corporation restricted the payment of their remaining balance of $250K to the signature of the waiver attached. By then we didn’t have your services so we signed it.
Now in 2018 they sent some orders for the same project where we already signed the final unconditional waiver.
CaliforniaI am getting ready to start a project for a new homeowner. They asked me to produce a lien waiver for all my subcontractors before we begin work on the project. I guess I have two questions- 1) Can I have my subs sign a lien waiver before money has exchanged hands yet? Or should I just provide lien waivers for each progress payment? 2) Would it be easier to do an indemnification instead to protect the homeowner from any subcontractor mechanic liens?
ColoradoI need to get paid it’s been over 3 weeks
MissouriOn the Georgia lien waivers, there is language that says "WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD." If we signed Interim Waivers and Release Upon Payment and we aren't paid, does that mean we need to file a lien for each progress waiver? What if the 60 days expire but my last furnishing date was less than 90 days ago so I'm still within my lien rights timeline?
GeorgiaIn order to get paid, contractor is requiring a release of lien, but do not want them to record it until we get paid so I want to put "draft" on it.
GeorgiaI have a contract in Florida with a paragraph waiving my right to any liens. The following section directs that subcontracts impose the same on our subcontractors I recall an article you stated to be wary of such inputs and illegal in some states. Is it legal in Florida. Should such language be stricken in all contracts?
FloridaWe are a zlien, but we currently do not use zlien for waivers. Instead of printing, signing/notarizing waivers and then uploading them, can zlien notarize with a saved signature to help make that process faster in states like Texas that need a notary for waivers? Is there some requirement that would not allow this?
Texasvendors would like to fax us the lien releases from their suppliers so it is a copy, not a wet signature. Will this be valid? How do we protect against fraud?
CaliforniaSee above !
CaliforniaThe company I sell for supplies floor and roof trusses to builders in South Florida. (2 progress payments)
We shipped floor trusses to Buildings 4 and 5. We received payment and issued partial waivers for those specific amounts. In the next pay cycle we shipped building 5 roof trusses but not Building 4. The builder is holding our check for Building 5 until the receives a partial waiver on Building 4 for zero dollars reflecting a through date of the check date.
FloridaThe building owner received 20-day preliminary lien notices that listed the wrong address for the location of the construction activity. No correction was sent.
Should the subsequent lien waivers list the correct address of the work, or the incorrect address shown on the preliminary notice?
ArizonaWe are a supplier of interlocking pavers.
CaliforniaAn owner/management company requested a lien waiver from my subcontractor after the project was complete and the sub was already paid. It was an unconditional lien waiver and signed by the sub, as I interpret, relinquishing lien rights no matter what the value stated. It was returned to me by the owner/management co. with the request to add a $ value to allow my payment. I changed the $0.00 to $1000.00 had the sub execute and redelivered the lien waiver with a final payment sum included.
I am trying to disguise the amounts paid to the subs to the owner for obvious reasons.
Illinois