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homeowner4444

Contractor holdback and lien releases?

12 years ago

Hello, I've searched previous threads, I apologize if this has been discussed already, but I'm still confused and want to make sure I'm protecting myself financially when so much money is at stake!....

1) I understand why you holdback--to keep financial leverage to ensure that work is completed to your satisfaction-- but I don't understand when/how. (I've read to hold back 10-15%) Not to be dense, but do you hold back 10% of the value of each draw check? Or hold back 10% of the value of just the last draw check? Or are you supposed to hold back 10% of the value of the whole job on the last check (I guess depending on your payment structure, this could be more than the value of the last check.)

2) I understand why lien releases are needed--to protect myself from paying twice for a service e.g. paying a contractor for a sub's services, but then the sub coming to me later and saying he was not paid. Is the deal that unless someone furnishes with you with a "right to lien" document by certified letter, they cannot put a lien on your property? But how am I supposed to know whether I have received "right to lien" notices from every trade/vendor used on my job?

If I get my stack of signed lien releases from everyone who sends me a "right to lien" letter-I'll request them from my contractor before giving him his final payment, because I need to make sure I get them!-then I am safe? No one can come out of the woodwork later looking for money?

Thanks everybody. I'm so glad this forum exists!!

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