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A lien waiver is necessary in construction projects to ensure payment to suppliers and subcontractors. Homeowners should request a final lien waiver to avoid liens on their property if the contractor fails to pay. It is important to only sign the waiver after payment has been authorized, and to keep a copy of the document.
Most construction projects require that a waiver be included in the contract to ensure that the supplier or subcontractor is paid by the contractor. This way, if the contractor fails to pay, a bond can be placed on the property on which the work was performed. A final lien waiver is only possible after everyone involved has been paid and can be used to ensure that a lien is not placed on the property once the building work has been carried out and paid for. Thus, this form is beneficial to both homeowners and subcontractors.
All homeowners are advised to apply for a lien waiver during projects involving their home. This type of document protects homeowners in the event their contractor fails to pay their vendor or subcontractor, even after they’ve paid their contractor for the project. This is because if the contractor runs away with the homeowner’s money without paying his subcontractor or vendor, the party that hasn’t been paid can send a bill to the homeowner to collect what is owed. If the homeowner fails or cannot pay, a lien will be placed on their home.
Even if it’s obvious that the contractor is at fault, the homeowner will pay the final price because a lien on the home prevents it from being sold, or refinancing, without the building bill being paid. Essentially, the homeowner has to pay for the project twice if a lien waiver is not used. If used correctly, at the end of the project, after payment has been presented to the appropriate parties, the definitive waiver of the privilege is signed and archived. This action takes any burden off the homeowner’s shoulders.
Some subcontractors or suppliers may sign a definitive lien waiver before the process is completed. Unfortunately, if they still haven’t been paid, or the contractor’s check hasn’t cleared, they have no recourse to get the money owed to them since they no longer have the right to pursue the homeowner through a lien once the final waiver of lien is signed. Therefore, it is important that this document is only signed once payment has been authorised.
The form for a permanent waiver of privilege can usually be found online for free, although it should be noted that many states require different formats. Therefore, it is recommended that you speak to a local lawyer or ask your local court for more information. In addition, it is important that only designated parties, such as the appointed contractor and subcontractor or the president of the supply company, sign the form. It is also advised that all parties involved, including the homeowner, keep a copy of the final lien waiver.
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