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How do you legally determine when an invoice is due, the month billed or when work was performed?

How do you legally determine when an invoice is due, the month billed or when work was performed?

Full question:

We are asking a subcontractor to sign a lien waiver of Feb. invoices. They refused because one invoice was not included. We rented equip from them during Feb but was billed in March. Do you go by billing date or date of equip usage to determine month due?

Category: Contracts
Date: 04/07/2025
State: Texas

Answer:

The payment terms are governed by the terms of the rental agreement. If the agreement doesn't specify when payment is to be made, courts will look at standards of the trade and previous dealings between the parties, among other factors, to interpret the intent of the parties.

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

How do I fill out a subcontractor agreement?

To fill out a subcontractor agreement, start by clearly identifying the parties involved, including the contractor and subcontractor. Specify the scope of work, payment terms, and deadlines. Include details about materials, equipment, and any necessary permits. Ensure that both parties sign and date the agreement. It’s also wise to consult with a legal professional to ensure compliance with state laws and to address any specific requirements.

What are subcontractor waivers?

Subcontractor waivers are legal documents that relinquish a subcontractor's right to claim a lien against a property for unpaid work or materials. They are often used in construction projects to ensure that contractors and property owners are protected from potential claims. Waivers can be conditional or unconditional, depending on whether payment has been received. Always review the terms carefully before signing.

Should I sign a lien waiver before payment on Reddit?

Signing a lien waiver before receiving payment can be risky. It may waive your right to claim a lien for the work done until payment is received. If you are unsure, consider negotiating a conditional waiver that only takes effect upon payment. Always consult with a legal professional to understand the implications and protect your rights.

When should a contractor sign a lien waiver?

A contractor should sign a lien waiver when they have received payment for their work or materials. This document protects the property owner by confirming that the contractor waives their right to file a lien for that payment. It’s important to ensure that the waiver is clear and that payment has been completed to avoid any future disputes.

What is the meaning of lien waiver?

A lien waiver is a legal document that relinquishes a party's right to file a lien against a property. In construction, it often protects property owners from claims by contractors or subcontractors for unpaid work. By signing a lien waiver, the party acknowledges receipt of payment and agrees not to pursue a lien for that amount. There are different types, including conditional and unconditional waivers.

How to fill out a subcontractor lien waiver?

To fill out a subcontractor lien waiver, include the names of the parties involved, the project address, and the amount being waived. Clearly state that the waiver is for the payment received. Specify whether it is conditional or unconditional. Both parties should sign and date the document. It's advisable to keep a copy for your records and consult with a legal professional if needed.