I'm a plumbing sub working g for a gc. 144k project. Gc gave a task to another sub and sent me a change order to subtract 18k. And other things. They have chipped away at my numbers and have not issued me change orders for things I have done at thier request. I kept working as to not violate and hold up the job. They always distract from the issue and don't want to discuss. Job is almost done. They havnt reciebed final draw from ups and I just got my final inspections. Is this the time to file lien to give me negotiating power? Should I file myself or reliance attorney? If the latter, then who? Waldorf md. My cell 2318180524. Best to initiate with a text. Thank you. ...Read More
We have filed an Intent to Lien. Our customer (the contractor for the project) has sent a repsonse from their lawyer. The lawyer states that we have 10 days from the date of the letter to withdraw our Intent or they will proceed with further legal action against us.
My question is, the 10 day limit they have stated - is there any law or statute behind that or is that a policy/standard they are simply using for this case?...Read More
The company I work for is constantly asked to complete waivers and releases relating to projects that we are not directly related to, meaning we did not sign a subcontract. We are an aggregate reclamation facility and trucks drive onto our lots and either dump or haul away material.
Our customers will ask us to sign off on waivers with the following wording:
The undersigned Subcontractor, in consideration of a Full & Final payment as set forth herein, hereby waives all mechanic’s liens and rights to file mechanic’s liens and generally releases and agrees to indemnify and save harmless, Company A and the above Owner and their sureties, their successors and assigns, from all causes of action, suits, debts, contracts, damages, judgments, decrees, claims, bond claims, demands, liens, rights to assert liens, awards and expenses, including attorneys’ fees, in law, equity or otherwise, which Subcontractor, its subcontractors and suppliers, their successors and assigns and any persons claiming through them or based upon their acts or omissions ever had, now have or hereafter may have against Company A or the above Owner, and any real property or improvements of Owner, from the beginning of the world to the date of this Release, in any manner relating to or arising in connection with the above referenced contract or project. Subcontractor represents that the amounts set forth below are correct and that the amount of the current payment due will promptly be applied to a Full & Final payment of all outstanding amounts due from Subcontractor to others in connection with the Project.
My question is does this wording release all of the Owner's Subcontractors that might be working on a project or just the one (Company A) who is asking us to complete the waiver? We don't want to sign for Company A when companies B, & C might still owe us money and the waiver is no that specific.
And, how can I modify the waiver so it is specific to just the one customer of ours. ...Read More
Who can sign a notarized copy of an unconditional waiver and release upon progress payment form? On the document it lists Pro-Fabricators Inc (company name) as the undersigned - I tried to sign for this at our bank and they said only the owner could (who's name is also not listed on this document). Is the legal owner the only one who may sign the form or can a party that works for the company (myself as Accounting Manager) sign as well? Thanks for your time....Read More