Hello! I am a subcontractor working under a contractor. I do not do construction work, but provide tree removal services. In order to get paid, I've been asked to provide a sworn statement (in MI) along with my other paperwork. I don't know how to fill it out? I had no subcontractors under me. Just my employees. Do I list them? They aren't under contract per se, so I don't know how to fill in the form. ...Read More
I had a construction contract in which the government included the payment of taxes. In the end he did not want to pay us. The project was outside the US. This was 2 years ago. I need advice to claim that payment....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
A potential client advised she wanted to o an addition to her existing home (in California) but ended up scraping the project once the permits and compliance issues became 'too much'. I am curious what the remedy is in this case if the contractor had already done a significant amount of pre-construction work. Would the contractor be able to bill for the services provided even though the customer stopped the project? ...Read More
I am reviewing a schedule of value for a project that does not have a % of the project total assigned to project closeout. I have heard the industry standard is 10% of the overall project is given to project closeout....Read More
We are a subcontractor working at a project and received the waiver of release of liens(MLA appointment). We have submitted 1 pay application and have withheld 5% retainage. Retainage has not been billed out. Do we fill this out before we have received payment or after we have payment in our hands? 1. Certifications and Waiver: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and other benefits accruing, Potential Lien Claimant certifies that (i) he/she/it has signed this Waiver in the correct legal capacity and has the authority to sign this Waiver; (ii) such Potential Lien Claimant has not received any Notice of Claim of Lien upon Funds or Claim of Lien on Real Property from any other person or entity. Potential Lien Claimant waives and releases any lien, claim of lien or other interest whatsoever which such Potential Lien Claimant or anyone claiming by, through, or under such Potential Lien Claimant might have in the Property. Potential Lien Claimant waives and releases any right or protection Potential Lien Claimant may have arising out of any Notice to Lien Agent that Potential Lien Claimant has filed relating to the Property in accordance with the provisions of NCGS 44A-11.2 for work performed prior to and after execution of this Waiver. 2. Reliance: This Agreement may be relied upon by the purchaser in the purchase of the Property, Lender to make a loan secured by the Deed of Trust encumbering the Property and by Company in issuance of a title insurance policy or policies insuring title to the Property without exception to matters certified in this Agreement. The provisions of this Agreement shall survive the disbursement of funds and closing of this transaction and shall be binding upon Potential Lien Claimant (and anyone claiming by, through or under them). 3. NCLTA Copyright : THIS IS A COPYRIGHT FORM and any variances in the form provisions hereof must be specifically stated in the blank below and agreed to in writing by the Company....Read More
We are a small stair company that works as a subcontractor on very large jobs in NYC. We do our best to submit the pencil reqs accurately and on time but if there is an issue or disagreement about payment it gets bounced out and cannot be re-submitted until the following month. It takes a lot of time and effort to constantly chase money from these contractors. When it does get through we usually don't see the money for at least 45 days, sometimes longer. Just looking for the best way to handle this....Read More
When dealing with an owner who has a hard money loan who refuses to give a deposit on a $130,000 job that has a deadline in 4 months how many payments should I require. These payments would be upon completion of certain portions of the project. They also tried to get me to sign a lien waiver that stated I had been paid and post dated till due date of project. Needless to say I’m not trusting them and want to cover my but as best I can....Read More
We are the General Contractor on a job with 3 Residential Properties. One is complete and we are working on the other 2. A new Architect has been hired by the owner to replace the original one and he wants Apps for Pay with signatures and ending dates and why we weren't doing this all along. The lendor on the 1st new residence, that is complete, never required this nor has any of our other clientele nor their legal council nor their architects, so our forms must be acceptable; so I'm a little confused with what his problem is. Can you help me?...Read More
I am a subcontractor working on a commercial project. My GC and I had a personal dispute, (the GC failed to pay me for 5 months on an unrelated job for the State of Arizona, and my "letter of intent to lien" gave notice to all interested parties of their failure to pay their subcontractor- this resulted in d the GC will no longer be hired for any future projects for the State of Arizona) therefore, in turn, the GC retaliated for my request for payment by terminating the remainder of all contracts with me in progress, (all unrelated) as well as any future contracts. However, there have been two payment applications already submitted for completed work. What are my lien deadlines, and are they affected by the early termination of our contract without cause? ...Read More
We are hired by a contractor to remove snow around Charter pedestals all around the Tahoe Basin. We are currently working in Northstar area and removing snow from approximately 100 locations. Next week, the snow removal for the pedestals could be located in Tahoma, and also have close to 100 different locations. How can I protect my payment?...Read More
Will a valid Change Order negate a Final Waiver, which might have already been executed for said project? Is the answer the same for all US States?...Read More