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A contractor is refusing to sign a lien waiver that we discussed in the original agreement. At what point can I insist to ge...

A contractor is refusing to sign a lien waiver that we discussed in the original agreement. At what point can I insist to ge...

Q: What is a contractor's final payment affidavit and release of lien?

A contractor's final payment affidavit and release of lien is a document that confirms the contractor has completed the work and received payment. It also states that the contractor waives any future claims against the property related to the project. This document protects homeowners from potential liens once payment is made.

Q: What is the difference between a lien waiver and a lien release?

A lien waiver is a document that a contractor or subcontractor signs to relinquish their right to file a lien on a property for work performed. A lien release, on the other hand, is a document that formally cancels an existing lien. Both serve to protect homeowners, but they apply at different stages of the payment process.

Q: When should a lien waiver be signed?

A lien waiver should ideally be signed before any payments are made to the contractor. This ensures that the homeowner is protected from potential claims. It's also advisable to obtain a signed waiver before the final payment to confirm that all parties are satisfied and that no further claims will arise.

Q: How to fill out a final waiver of lien?

To fill out a final waiver of lien, include the names of the parties involved, the property address, and a statement confirming that the contractor has been paid in full. Sign and date the document, and ensure it is notarized if required by your state. Keep a copy for your records and provide one to the property owner.

Q: How do I get a lien release form?

You can obtain a lien release form from various sources, including your contractor, legal document providers, or your state's government website. Ensure that the form complies with your state's requirements and includes all necessary details, such as the parties involved and the property address.

Full question:

A contractor is refusing to sign a lien waiver that we discussed in the original agreement. At what point can I insist to get the waiver? Can I hold final payment until he signs the waiver?

Category: Contractors
Subcategory: Construction Liens
Date: 04/07/2025
State: Georgia

Answer:

You may insist on a lien waiver before any work begins. It is often recommended to not make your first payment before you have this lien waiver. A lien waiver is an effective means of consumer protection for a homeowner.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What states require lien waivers to be notarized?

The requirement for notarization of lien waivers varies by state. Some states, like Florida and Texas, require notarization for certain types of lien waivers, while others do not. It's important to check the specific laws in your state to ensure compliance. Always consult with a legal professional for guidance on your state's requirements.