0
Want this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
What is a subcontractor release of lien?
this is a waiver of lien by contractor, subcontractor, or supplier.
Is a waiver a type of contract?
It can be in certain circumstances.
How do you fill out a partial waiver of lien?
Obtain legal advice for your jurisdiction.
Once you receive a signed notice of lien satisfied can the lien holder still state that you owe money towards the vehicle and send subsequent bills?
Is it a final lien waiver upon final payment? If it's a progress lien waiver, then they can still claim funds due. The final is final, and no further amounts would have to be paid.
Do mechanics lien waiver need to be notarized in Colorado?
The lien will be "notarized" (rendered enforceable), when it is filed with the clerk of the court that holds jurisdiction in such matters.
How do you place a lien on company shares?
How can I place a lien on a non profit corporation who I have a contract with and who owes me money?
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.
What is a mechanic's lien waiver?
A mechanic's lien waiver is separate document or provision in another contract, releasing the right to file a mechanic's lien in the future. Lien waivers are usually exchanged for payment for work performed and/or materials supplied in furtherance of a construction project. They are problematic because they are frequently requested prior to the time that the party giving the waiver is being paid. They also often over waive rights, they waive liens AND claims, even though claims were not a part of the discussion (what if you want to be paid on your last pay application, but have an outstanding, unapproved change order. Signing the "lien waiver" to receive the payment that is already due to you MAY waive your right to assert the claim for the change order. They also provide that you are waiving your rights (lien and claim) through the "date hereof" despite the fact that you are likely being paid for work performed 30, 60, 90, maybe 120 days ago, and even then retainage was withheld. So, unless you have propertly modified your waiver, you have over waived your rights. I am an attorney in Ohio, but if you need help outside of Ohio, please feel free to contact me at my email address listed in my profile. I will be happy to help you find a lawyer in your state from my contacts from my participation in American Subcontractors Association Attorney's Council. I have included a link to several articles that I have written for the Builders Exchange Magazine on Mechanic's Liens, Lien Waivers and other construction related topics.
What is Waiver clause?
A waiver clause is a provision in a contract that allows one party to give up their right to enforce a particular term or condition in the agreement. This clause typically states that failure to exercise a right or remedy does not constitute a waiver of that right or remedy in the future. Waiver clauses help protect parties' rights under a contract by ensuring that one party's failure to enforce a term does not automatically mean they have given up that right.
How much can a rental car charge your credit card if car is stolen?
This would depend on the insurance that you took out with your car rental company. Check the contract that you signed. Often there is a Damage Waiver and a Theft Waiver. Usually the theft waiver is double that of the damage.
If you are the lien holder on a car can you reposs a car if there is no insurance on it?
Whether or not a lien holder can repossess a car if there is no insurance depends on the contract, local law, or both. In this state, a verbal contract is valid. You will need to check local law.
Do liens on homes by a contractor accrue interest?
A lien is merely a kind of security for a debt. If the contract provides for interest, then the lien, if properly drafted, will cover that. In most states there is a statutory interest rate. If the contract doesn't provide for interest, then interest will accrue at the statutory rate and the lien, if properly drafted, will cover that as well.
