Lien Waiver and Retainment
A.M. Texas
3 years ago
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Comments (18)
Charles Ross Homes
3 years agoA.M. Texas
3 years agoRelated Discussions
Lien Waivers with Pool Builder
Comments (6)An unpaid sub always has the right to file a Lien against a homeowners property if the Contractor of Record did not pay him for his services. But he must follow a notification of property owner protocol. I'm not intimate with Arizona but would guess it to be near to as follows. An unpaid invoice to the builder nearing 30 days of age will require a 10 day "Intent to Lien" letter (1 certified, 1 regular mail) After 10 days the Lien is filed with the County Courthouse (1 mailed certified, 1 regular mailed) No matter how much you paid the GC, since he didn't pay, the sub will now have a legitimate lien against the property. I'd be shocked if Arizona is any different than other states in this manner of addressing an unpaid Subcontractor. See ya, Kelly...See MorePreventing a Lien from Subcontractor
Comments (6)Depends on where you are. Different areas have different lien laws, would be worth knowing what those are. In many areas Subs can put a lien against your home, if you have a release signed by the builder, that would help you in court, but would not prevent them from filing. This is kindof where you need to trust who you are using somewhat. If you want to CYA to the extreme, ask the builder for a list of every subcontractor, and material delivery that will be working on the project. Prior to final payment, you want a Lien waiver signed by each of them that says they have been paid in full, and are releasing their lien rights....See MoreConstruction Lien
Comments (7)Hi from Eugene, I hate to hear you are having problems also. I also to hate to sound so harsh but having gone through all this mess just recently I can tell you a few things. If your GC does not pay subs in a timely manner IMO he is not trust worthy. The bottom line is this... if you paid your GC, he was suppose to pay sub, If he did not he has put your home at risk and essentially stolen your money for his own purposes. It does take some time for all this to work itself out. The sub's attorney better make sure the sub can file a legal lien. He is required to send you a "Intent to Lien " notice prior to job starting. The sub can start his suit to foreclose after he liens and gives you notice. There are not any lasting effects of a lien being filed ( liens are filed all the time) if the lien is satisfied. It sounds like it could be a big if. Personally, I would get an attorney, your GC sounds like he may not be able to pay at all. You may need to go after him, and If for nothing else than to stall for some time with an attorney writing a letter or two back and forth. Have you asked your GC why construction funds were not used to pay sub? Have you asked him to have all sub's sign lien releases after they finish and are paid? Did he tell you they weren't paid or did you find out because of the lien? All questions to ask your GC and see what kind of businessman he really is. You also can always make it a stipulation that funds going to sub's must come directly from you. These are things you can do to protect yourself. With so many GC's in trouble these days it is very important to do everything in your power to have some internal checks and balances. Of course now I sound Like I know what I am doing..... only because we didn't know in the beginning and were totally at the mercy of our very dishonest GC. We know better now. Hope that helps some. Get an attorney .. unless you just want to write the check to the sub....See MoreFabricator wants waiver signed
Comments (10)My fabricator didn't have a salesperson. I didn't see anything in that waiver that indicated that the fabricator was trying to hose anyone. All it did was give information regarding the attributes of honed and leathered granites and let the client know what they could expect if they used those materials. What is so foolish about that? There was nothing there that asked a client to sign away any of their rights, except for the one stipulation that seams would be at the fabricator's discretion. And even that stipulation could be waived by the customer if they so chose. I've seen enough posts on here from unhappy and clueless customers who have to ask, "Is this okay?" to conclude that communication is key to a happy outcome. Often there are a lot of things going on in a remodel and we don't remember everything we've been told. If I were to complain to my fabricator about my granite choice and he showed me a document that I had signed which showed, in normal sized print, that he had informed me about my choice, I'd be satisfied....See Morejust_janni
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3 years agoJudyG Designs
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3 years agoJeffrey R. Grenz, General Contractor
3 years agoA.M. Texas
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