I work in the facilities Department of a university in Pennsylvania. Our Tenant(A deli) is having a floor installed over the existing floor. they have paid the contractor in full for all materials and service installation. In our lease agreement it specifies that the tenant shall deliver copies of a Waiver of Lien to the landlord along with evidence that such Lien Waiver has been duly filed with the Prothonotary prior to commencement of work or delivery of materials. Can someone tell me which is the correct form to use/fill out? I am filling it out for the General Contractor to release the university from all responsibility of payment for any materials and services. I do not know how to go about filing with the Prothonotary. Please advise(Time sensitive) Thank you....Read More
When a general contractor offers a discount on an invoice does the release of liens reflect the gross amount? If the invoice is 8,820 and the discount nets it to 8,483, does the release of liens have 8,820 on it?
thank you!...Read More
We have purchased material from a PA based corporation and have requested a conditional release upon payment. The Pa corporation is stating that it is illegal under PA law for them to provide a conditional release even if it is contingent upon payment. My understanding of the applicable stautes is that as long as the release is predicated upon their receipt of payment they are legal under PA law....Read More
A kitchen company never finished there work and disappeared for almost 4 months then came back for one day and had a lawyer threaten to file a lien now on November first filed and I did not get the notice till the 12th I don’t have the money to hire a lawyer to fight this but there work was crap and now I’m one day away from the 20th and I have to respond by then and I don’t know how to do that I been looking up rocket lawyer but it hard I don’t know what to do we would definitely win if we knew how to fight this. But I don’t want to get a lien for something I didn’t do this was there fault not mine...Read More
I am located in PA and completing AIA G901-2022 for App 5. App 5 is for work through 5/31 for $10,000. Apps 1-3 have been paid. App 4 for work through 4/30, totaling $5,000 remains unpaid. When completing this Conditional Waiver on Progress Payment, shouldn't the unpaid $5k for app 4 be listed as an exception? Thanks!...Read More
I am a siding and roofing subcontractor in Pittsburgh, Pennsylvania. The builder-contractor is not paying me for work that we completed. We finished the work at the end of May, 2021. The homeowner says that they have paid the builder but the builder will not pay us. I need to file a lien. Do I file the lien on the homeowner's house/property or do I file the lien on the contractor's property? Also, the homeowner tells us that the builder signed a lien waiver. ...Read More
I am a register Home Improvement Contractor in Pennsylvania, a customer of mine is asking that we sign a "No Lien Clause". What are your thoughts on signing the clause? We have 100% job completion and have never been in a lawsuit of any kind for not finishing a job. ...Read More
I am a GC on a project. The contract notes the GC is to submit the final and unconditional lien waiver in order to establish substantial completion. I would think final lien wavers would be due with the final invoice for Final completion and when I have all my subs final release of liens. ...Read More
As an owners representative, a major point of delay in processing payments to General Contractors is caused by the mismatch in the value of the payments made to date and shown on partial lien waivers from subcontractors not aligning with the schedule of values reflected on the AIA Continuation Sheet, G703 for Stipulated Fee Contracts (AIA A101 and other stipulated fee forms). I have always assumed this is to be expected due to the intent of a Stipulated Fee contract for Progress Payments which are based on % complete progress.
However, more and more of our clients are demanding that during Progress Payments the subcontractor lien waivers should closely align, if not exactly align, with the specific value of the applicable on the SOV.
Which is the correct interpretation or what is the correct interpretation if neither is correct.
thank you...Read More
I am the owner of villa in the USVI. This general contractor has not completed the scope of work he was hired to do, much of the work he did do is wrong and must be redone and he took/stole funds and did not use them for the villa. The bank is still holding the final balance of the insurance money (from IRMA damage) as the final payment has not been made to the contractor. I have terminated the contractor. Can he put a lien on my property? Do have any way to get any of my money back from him and keep him from filing a lien without a lengthy and expensive legal suit? He did sign a lien waiver....Read More
A contractor sent me a letter on intent to place a lien on my property however he signed an unconditional lien waiver form. Who do I show the form to and stop the lien from being placed?...Read More
I did work on a building that will be used for commercial and apartments and cannot get paid. I signed an independent contractor agreement that had a provision waiving my lien rights but i heard that you cannot waive lien rights in a contract in Pennsylvania....Read More
If the lien waiver states all materials supplied as of release date of 4/30/18 must have been paid in full but the subcontractor only supplied the amount paid as of 4/30/18 but all invoices up to 4/30/18 were not paid, does that (if signed) waive lien rights for the material not paid up to the release date?
The bottom of the form shows the correct amount paid through the 4/30/18 release date.
Does it go by payment through release date or material supplied through release date?...Read More