Hello - The GC sent over a lien waiver that they want signed with their monthly billing.
This is for a progress payment as the project is still ongoing. However, I am concerned about the wording at the top of the page.
Typically progress lien waivers are through that particular months billing period NOT the full and final contract date.
Here is a copy and paste of the wording less the GC's name and project address....................
"State of: GEORGIA PROGRESS SUBCONTRACTOR RELEASE AND LIEN WAIVER
The undersigned represents and warrants that it has been paid and has received (or that it will be paid and will
receive) $ ______________ . ____ as full and final settlement under the Subcontract Agreement dated __01/18/23____"
1. The undersigned and the Contractor have fully settled all terms and conditions of the Subcontract Agreement (including any
amendments or modifications thereto), as well as any other written or oral commitments, agreements, and/or understandings in
connection with the Project.
2. The undersigned has been paid in full (or it will be paid in full via proceeds from this pay application) for the labor, services,
and materials in connection with the Subcontract Agreement, including all work performed or any materials provided by its
subcontractors, vendors, suppliers, materialmen, laborers, or other persons or entities.
3. The undersigned has paid in full (or it will pay in full via proceeds from this pay application) all its subcontractors, vendors,
suppliers, materialmen, laborers, and other person or entity providing services, labor, or materials to the Project; there are no
outstanding claims, demands, or rights to liens against the undersigned, the Project, the Contractor or the Owner in connection with
the Subcontract Agreement on the part of any person or entity; and no claims, demands, or liens have been filed against the
undersigned, the Project, the Contractor or the Owner relating to the Subcontract Agreement.
4. The undersigned releases and discharges Contractor and Owner from all claims, demands, or causes of action (including all lien
claims and rights) that the undersigned has, or might have, under any present or future law, against either of them in connection
with the Subcontract Agreement. The undersigned hereby specifically waives and releases any lien or claim or right to lien in
connection with the Subcontract Agreement against Contractor, Owner, Owner’s property, and the Project, and also specifically
waives, to the extent allowed by law, all liens, claims, or rights of lien in connection with the Subcontract Agreement by the
undersigned’s subcontractors, materialmen, laborers, and all other persons or entities furnishing services, labor, or materials in
connection with the Subcontract Agreement.
5. The undersigned shall indemnify, defend, and hold harmless Contractor and Owner from any action, proceeding, arbitration,
claim, demand, lien, or right to lien relating to the Subcontract Agreement, and shall pay any costs, expenses, and/or attorneys’
fees incurred by Contractor and/or Owner in connection therewith.
The undersigned makes the foregoing representations and warranties with full knowledge that Contractor and Owner shall be
entitled to rely upon the truth and accuracy thereof.
The undersigned certifies and warrants that the undersigned has the power and authority to execute this release and lien waiver on
behalf of the entity named herein and that such entity is bound hereby.
I, a Notary Public for the above State, certify that the ‘undersigned’ has personally appeared before me and has stated that he/she
holds the title as he/she has written and has the power and authority to execute this document.
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY FOR THE AMOUNT PAID AND LISTED ON
THIS LIEN WAIVER. IT STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS FOR THE
AMOUNT ON THIS LIEN WAIVER. THIS DOCUMENT IS IN FULL FORCE ONCE YOU SIGN IT.
...Read More
With interim waivers is the sum amount the total amount paid to date? or the amount being issued. When signing a lien waiver in GA how is it done electronically with the witness? Does the witness need to be beside the signer when filling it out? Is the DocuSign the witness factor? I would like super technical details...Read More
I work for an electrical company and one of our subcontractors are requesting a Lien Waiver and we have never dealt with a Lien Waiver before. What are some key points we should know about?...Read More
For one of my clients, we do countertops and cabinets for her, well before sending anything over to install, we send a drawing to confirm. She had confirmed the drawing and she's added more stuff to it during installation. On top of that, she saying we did a shitty job, and now she's asking for a FULL refund after a whole show.. I believe the mistake on both sides but still for a full refund and wants to take us to court . Can I put a lien on the house?...Read More
We are located in Georgia. My husband, a contractor, did extensive work for a homeowner after hurricanes Mathew and Irma. There was a reverse mortgage on the home. He was paid directly thru the company. Work was completed and he was asked to sign a waiver stating upon payment in full, a lien would not be filed. He signed the waiver, never received final payment. The homeowner passed away about a month ago. Attorney is handling her estate. Should our next move be to hire an attorney? We are questioning the process because of the reverse mortgage company. Thank you in advance for your advice. Deborah & Roger Nicklas 912-786-0355 binderd@bellsouth.net...Read More
Doing a project with a new GC for a job in GA. Received waiver templates, and they have the following notice at the bottom:
NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE WAIVED AND RELEASED ANY AND ALL LIENS AND CLAIMS OF LIENS UPON THE FOREGOING DESCRIBED PROPERTY AND ANY RIGHTS REGARDING ANY LABOR OR MATERIAL BOND REGARDING THE SAID PROPERTY TO THE EXTENT (AND ONLY TO THE EXTENT) SET FORTH ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 90 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE AN AFFIDAVIT OF NONPAYMENT PRIOR TO THE EXPIRATION OF SUCH 90 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. § 44-14-366.
Is this a legal, required statement in Georgia. We've never had this on any other waiver. We don't want the onus of having to follow up the payment status on this project, after providing a waiver, to be on us. I'd appreciate your advise.
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LendingOne is a lender that lends on small-medium construction projects across the country. We are interested in using your online service to generate our lien waivers to provide to borrowers as a precondition to releasing construction draws during the course of the project. But, before we do, we need to be absolute sure your documents are fully compliant with each state's laws. Can we set up a call with someone from your legal team to further discuss? Otherwise, we can;t move forward. Thank you....Read More
I'm a Restoration Firm working a residential fire claim (Insurance claim). Date of Loss 11/11/21 in which we began work stabilizing and clean up. After receiving Asbestos survey determined Abatement of such had to occur. I subcontracted the abatement work which occurred 12/14/21 through 12/18/21 and was invoiced to insured separately from the other restoration work. The Restoration work which was final invoiced in January 2022 contains restoration work both preceding the abatement invoice as well as post abatement invoice.
Having filed a Lien on the Abatement Invoice only at this time (as the carrier has yet to pay) the insured has requested a "waiver". I'm in the process of filling out the "Georgia - Interim Waiver and Release Upon Payment (Progress Payment)" and I'm hung up on the language "The mechanic and/or materialman waives and releases any and all liens or claims of liens it has upon the foregoing described property or any rights against any labor and/or material bond through the date of 12/18/2021". The "Through the date of" would include any work performed PRIOR to said date which I fear would include a portion of my work which occurred prior and is invoiced separately. Am I correct to fear as written I could potentially be releasing them from costs incurred Prior to the 18th? It was suggested that I be super clear in my description of work performed to remove doubt......Read More
My Contractor has abandoned my new residential home construction project. As a residential home Construction Customer, with an extended Construction Loan, my Bank is in New Mexico, and my new home is in Georgia. The Bank states an Attorney can help me comply with Georgia's process of replacing the ex-Contractor on this project. What are all the steps required to replace him? Is an Attorney required to replace him?...Read More
I am a homeowner. I hired a general contractor to complete renovations on my property and want to make sure that I am protected against any subcontractors etc. placing a lien on my property in case they are not paid by the general contractor that I am hiring. I will be able to prove payment to my general contractor through my receipts but have heard that I could still be liable if they don't pay the subcontractors. Can you clarify this for me and let me know what I can do to protect myself? Also, please let me know if there is a time limit to any liens being placed on my property after the work is completed. I live in Georgia. ...Read More
We are a replacement contractor in the state of GA. Our average job size is about $20K and we have about 2-3 subs that work on each project. We don't have any specific contract language that promises lien waivers, but have always provided them if a customer asks for it. We have only been asked maybe 2-3 times in the last 10 years to provide this. And when we have provided this in the past it was a single waiver from us that is conditional on final payment in full. We have customer that asked us for one and we provided them with what we usually do and they are saying that the lien laws changed in 2021 and that by law we cannot provide a single waiver and will need to provide a waiver from all subs and suppliers. I do see that law changes and we are updating our lien waiver to accommodate, but I do not see where it is required to provide waivers from all subs and suppliers. We pay our subs weekly on their completed work whether we have final payment or not. And we don't utilize the net 60 from our suppliers and pay them in full every month. So, what is our obligation here? do he have to provide these waivers from all subs and suppliers? or can we provide 1 from us the general contractor that will be sufficient? Also, if we do need to provide lien waivers for all subs and suppliers, what do we fill into the sub/supplier lien waiver where it says, "UPON THE RECEIPT OF THE SUM OF $__________"? do we fill in the project total we are collecting from the customer? or the total paid to the sub/supplier? Thanks in advance....Read More
CONDITIONAL WAIVER AND RELEASE
UPON PROGRESS PAYMENT
Upon receipt by Clearview Installations Contract NO: 21-391-2064 the undersigned of a check(s)
from Jeta LLC in the sum of Twelve Thousand Dollars ($12,000.00) payable to the company named
below (either singularly of jointly) and when the check has been paid by the notice or bond right the
undersigned has on the project of _SAVI PROVISIONS_ located at 1340 Howell Mill Rd Atlanta,
GA 30319_, to the following extent. This release covers a Final Payment for labor, services, equipment
or material furnished to this project through Thirty Percent (30 %) only and does not cover any retention
or items furnished after said percentage. Before any recipient of this document relies on it, said party
should verify evidence of payment to the undersigned.
Before each Progress Payment and before Final Payment is made upon this CONTRACT, CONTRACTOR
shall furnish satisfactory evidence to the OWNER that the CONTRACTOR has and is continuing to
conform to said laws, rules and regulations.
Date:
(Company Name)
(Signature)
(Typed Name)
STATE OF
COUNTY OF ss.
(Title)
On this
day of , 20__ before me personally appeared
, who being duly sworn, did depose and say that she is the of
and is authorized to execute the above document.
(Seal)
___________________________________
(Notary Public)
My Commission Expires:...Read More