Full question:
I am a home builder. I failed to submit a notice of commencement to the county superior court on two homes I started in May 2007. I hired a cabinet company in Septemeber 2007 to install cabinets for these two homes. They purcahsed the cabinets from their vendor (a cabinet manufacturer in Tennessee ) and installed some of them in my two homes over the course of Sept - Nov. 2007. Even after several weeks of not being able to complete the jobs, due to not having ordered the correct cabinet parts from the TN vendor, I found out they were in financial trouble and the vendor would not ship them more product due the money the cabinet company owed the vendor. I paid the cabinet company a partial payment (the amount they owed the vendor for my two jobs) but still owe the cabinet company $19K. I called the vendor, who said they were paid in full for my two jobs. I would like to pay the cabinet company a draw ($10K of the $19K I still owe them) but want to first have the vendor sign a lein release showing they are not owed any money from my two jobs (the cabinet company still owes them money for other builders jobs) and have the cabinet company sign a lein release on the amount I will have paid them to date for each of the two jobs. What form(s) should I use for the vendor and for the cabinet company?
- Category: Civil Actions
- Subcategory: Liens
- Date:
- State: National
Answer:
A waiver and release of lien may be used to protect against claims of nonpayment.
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