K&B Home and Land Preservation have been sent Sub Contractor waver of lien agreement. Since noterized we have not received a response from the contractor. Our actual agreed upon pay date was Oct 2nd, 2020. Every payment previous was exremly late, as well. We need to know how to move forward in perusing receiving pay for services rendered. Please advise, if you can.
kyneta_coleman@yahoo.com...Read More
Can you include exceptions on a Texas conditional waiver like you would on a California conditional waiver? The customer is requesting that we include exceptions on the waiver to show that we are excluding invoices on a previously issued waiver.
There are open invoices through 8/31/2022
And there are open invoices through 9/30/2022
They want a conditional through 9/30/2022 with the exception of invoices through 8/31/2022 (they received a conditional for August already)
Is it needed? I wasn't going to include August invoices. ...Read More
I subcontracted work for another company from February 2023 till April 2023. The work was performed at Enterprise Products Mont Belvieu, TX.
The work performed was Non-Destructive Testing on equipment. I received partial payment when my company submitted invoices to them as this company factored their invoices to pay their vendors, employees etc. I have not received the remaining balance amount for all my company invoices that was submitted to them from February 2023 till April 2023. I did not send out any notice letters to them as its been over 3 months now since February 2023.
How can I move forward with putting a lien on this compony for non payment?
If you can get back with me on my options moving forward I will greatly appreciate it Thank You!
Jacob Garza / Owner
Cell # 832-863-7395
jgarza@efficientinspectionservices.com
...Read More
On this commercial AIA project since Jan, standard AIA stuff we've seen before, including the conditional lien waiver. Now they want an unconditional waiver in order to get our first payment (after 2 other subcontractors have recently damaged the work we've done and had to fix/ redo). I would like to stop all work on this project, but I know I can't :-( What are my options? Thanks!...Read More
I am a subcontractor in Texas who has recently gone through arbitration. The Arbitrator found that we would have been entitled to escalation, however we signed those rights away by not doing a carve-out for a potential, unknown dispute as we did in our final unconditional waiver (when the dispute was known AND we wanted our retention before arbitration). Below is what he stated in reference to the monthly, Texas standard, releases. Obviously, I think he is nuts, have you ever seen case law like this or case law that is against his finding? Any feedback would be appreciated. ****************************** By way of counterargument,XX Contractor XX raises the affirmative defense of waiver based on the thirty plus payment waivers submitted monthly by XX Subcontrator XX to secure monthly payment draws. In reviewing the documents and hearing exhibits submitted, I note that only on the final payment application waiver did XX Subcontrator XX make any effort to reserve its rights to the previously submitted PCO 93. The inclusion of this reservation indicates that XX Subcontrator XX was aware of the necessity to include such waivers should it desire to preserve any type of pending claim as contemplated in the progress payment waiver language. XX Subcontrator XX’s failure to include such reservations on the prior pay application progressively waived any possible entitlement to the extent any such entitlement was available for the limited class of impacts (delays caused by other trades, contractor, Owner, acts of God or Vandalism) for which XX Subcontrator XX had conditioned its right to seek costs by contract modification. Therefore, Titus waived its right to recover costs and I find XX Subcontrator XX has no entitlement based on this series of waivers without reservation of rights....Read More
I am a residential homeowner in Texas. My wife and I are contracted through a custom home builder to build our plan. We have continually paid him when draw requested initially after the job was completed, then during progress and lastly before work was even performed. The last several draws have pulled us into a heated dispute concerning quality of work or timelines for completion. Recently, we were notified of a subcontractor filing a lien against us from a draw we paid to him 3 months prior and another 2 additional subs discovered by us still unpaid. After confrontation, a month ago, he now says all bills are up to date. He won't provide paid receipts or invoices for proof and we have nothing in the contract that forces him to. He has slandered us with the subs and they will not discuss details with us to ensure our financial future.
How do we keep from paying twice or additional charges from contractors he has failed to pay up to date? Can we make him provide lien waivers from these subs under Texas law now after time has passed? The contract does state all subs will be paid by him although, there is no timeframe listed unlike what's found in the Texas Prompt Payment Act? Where do we go from here so that it will not happen?...Read More
Per the Texas code, the check should clear the bank prior to signing an Unconditional Waiver. Can we get those back to you on Monday after the checks post to the account? Is this a true statement? ...Read More
I've got a project in Houston with Royal America Construction. They are asking me to sign an Unconditional Progress Waiver in order for them to release the check in addition to the Conditional. Should I?...Read More
We have been working on collecting the balances for several invoices since we completed the project. Once the general contractor stopped answering our calls we reached out directly to the customer. They informed us that they would escalate our issue up the chain but we haven't received any response from them. The general contractor has filed for Chapter 7....can we continue to put pressure on the customer in which our work allows them to function?...Read More
Can not
Give unconditional waivers till paid in full and
This is what they are asking for from me(General contractor) and
Subcontractors that
Are
Still owed money...Read More
I'm a contractor that did work on a home. We finished the work on the job 10 months ago but there is still an outstanding balance and haven't gotten paid. My customer isn't doing anything to pay, all she says is that she will and doesn't pay it off. What should I do because we never sent a Preliminary Notice out to the customer nor have we sent out monthly notices. Can we file a claim of Lien? ...Read More
Monthly "Forms" as a Sub-Contractor hired under contract by the Primary GC after Jan 2022. I should be Sending 1. Initital Notice of Contractual Retainage or is it now Reserved Funds letter which I send prior to issuing our first draw once project begins? (Re: the 10% retaiange withheld from pay applications monthly. 2. Lien Waivers - Send Conditional with pay application monthly, and send Unconditional Waivers once funds are received and processed. 3. NEW - NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS is this form only sent IF payments are not received and should be sent on the 3rd month after non-paymnet, Is that correct? Or are they being sent with the Pay Applications in leau of Waivers?...Read More
1. customer asked for the following changes and want to verify by changing this wording it will still be fine.
Where it states:
…that the signer has on the property of Texas Dept of Transportation. located at 3513 Comsouth Or. Austin. Texas 78744 to the following extent. Traffic control Barrier and Accessories.
And,
This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to J.D. Abrams, L.P.
I think there might be a slight conflict with these two statements. The first specific to barrier and accessories and the second to for all materials and equipment. We leased and returned barrier from a yard here locally. And we leased a barrier transfer machine that was shipped from, and returned to California.
Can you make the first part something like:
…that the signer has on the property of Texas Dept of Transportation. located at 3513 Comsouth Or. Austin. Texas 78744 to the following extent: All traffic control Barrier and Accessories, and all Equipment included as part of the above referenced contract.
My second question below -- does this mean JD Abrams is the signer?
The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release.
Question 3, Do i put JD Abrams here?
Signature
[Project Location Name]...Read More
I am a subcontractor working on a construction job (restoring a historic building) for a General Contractor in Temple, Texas. This General Contractor actually owns this building. We have never worked with this general contractor and want to make sure we are protected. Do we need to file a pre-lien to make sure we get paid? (we do not currently have an outstanding invoice, we bill for the work we complete each month, after we complete a portion of work)....Read More
What happens after my company files a mechanics lien in Texas? We have filed a lien and wanted to know what are some next steps we can take to still collect payment. ...Read More