0
this is a waiver of lien by contractor, subcontractor, or supplier.
Wiki User
∙ 11y ago
Add your answer:
Earn +20 pts
Can a subcontractor hire another subcontractor and put a lien on property if second subcontractor is replaced even with a signed contract?
A subcontractor can hire another subcontractor but can only put a lien on the property if the original subcontractor isn't paid. The lien can also be placed if the second subcontractor was not paid because of the original subcontractor was not paid. The replacement of the second subcontractor is not grounds for a lien.
If a subcontractor signs a lien release form before final payment can they still put a lien on project?
They signed the release expecting final payment. It may have had to be done for them to receive payment, as a bookkeeping measure. In all honesty, they should be paid the full amount whether they signed their rights away or not.
Can a lien be placed on a subcontractor if they do not own a home?
Yes, you are entitled to place a mechanic's lien on a subcontractor (regardless of property ownership) or you can opt to file a claim in small claims court. Just remember to file the paperwork properly or contact a lawyer who specializes in this type of work.
Can I file criminal charges against my contractor for taking my money and not paying his subcontractor who then filed a lien on my house?
No
What will happen if the builder won't paid the subcontractor after the closing but we already paid the builder in full Are we responsible and can they put a lien on our home What should we do?
Generally, if the title to your property was free and clear of any lien by the subcontractor when your deed was recorded then it's too late for the subcontractor to record a lien now. The subcontractor would need to sue the builder in a separate court proceeding in order to get paid. If there WAS a lien recorded by the subcontractor prior to the sale it should have been paid from the proceeds at the closing. Payment of any outstanding liens would be your attorney's responsibility. If the subcontractor contacts you for payment refer them to the attorney who represented you in the purchase. In Pennsylvania there is a new law that allows subs to file liens against your property even after you have closed and received free/clear title. Look into it if you're buying in PA. TH Properties was the builder, see website formed by the buyers: wheresbuilder.com
A developer owes money to a subcontractor how does the subcontractor lien the property?
File a Mechanic's lien (the form is available on the web) with the County Recorder against the property where you performed the work. The developer will not get paid by the owner of the property until all liens have been released. However, you had to have served a Preliminary Notice for the work you were going to perform on the General Contractor to be able to file a lien against the property.
Can a subcontractor for termite treatment on a Hollywood Florida home put a lien on the house when the contractor was paid in full but will not pay the subcontractor?
Not likely. There is no privity of contract between the homeowner and the subcontractor. The homeowner had an agreement with the general contractor, and that's the only person they have a duty to pay. The subcontractor can only pursue payment from the general contractor - to put a lien on the home would be to punish an innocent party - the homeowner. This is between the subcontractor and the general contractor, and there's no reason to bring the homeowner into this, since the homeowner doesn't owe the subcontractor anything.
What to do when a contractor does not want to pay a sub contractor?
A subcontractor can turn to Construction or mechanics lien law in order to secure payment. By being lien law compliant, meeting specific requirements such as preliminary notices and within time restrictions, a subcontractor can withhold payments to the primary contractor or lien the property. Lien laws are state specific and you should check your state's statutes for the requirements and restrictions. Property owners can protect themselves from these liens by requesting waivers or releases from all subcontracts and the primary contractor for each payment as well as a Contractor's Affidavit at the end of the job in exchange for the final payment.
Can a general contractor put a lien on your house?
Yes. It is important to get original lien waivers each time you pay your contractor (do not give a check in exchange for a promise of a waiver). A waiver is a receipt of your payment and it is legal documentation that your contractor has paid the subcontractor or supplier. The waiver prevents the contractor and subcontractor from from liening your property for that amount of the payment on that subcontract. Partial lien waivers should detail the type of work done, the name and address of the subcontractor, the total amount of the subcontract, the amount paid to date, the amount of the current payment made, and the balance to be paid. At the end of the project, it is equally important to get final waivers of lien, as well.
Can a subcontractor foreclose on a Florida construction lien?
Yes. The foreclosure lawsuit is called Lis Pendens and requires an attorney. The Lis Pendens must be filed within 365 days from the date the lien was recorded.
How do you get lien release from gmac?
How do u get a lien release from gmac
How can your attorney protect you against liens from a subcontractor?
Many states have a statute of limitations period wherein a subcontractor can only place a mechanics' lien on a homeowner's property if the action isinstitute within 90-120 days from the last date the subcontractor completed work on the homeowners property. If outside the statute of limitations period aforementioned, the subcontractor must pursue other remedies such as a lawsuit for breach of contract, unjust enrichment, etc.
