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Comments on lien waiver

September 11,  2021
Comments on lien waiver from article on September 7, 2021
            I have encountered many requirements for lien waivers as a contractual condition for payment. Progress payments are paid based upon a partial waiver of lien, and final payments (including retention) are paid based upon a final waiver of lien. Submitting the wrong form will create delays in getting paid. Note that many lien waivers are also required to be notarized, something that is often overlooked by the contractor seeking payment. Make sure you dot the i's and cross the tees and submit payment requests in a timely fashion and you shouldn't have any issues getting paid.
Thomas Mockoviak
Senior Engineering Technician
Fyr-Fyter Sales & Service, Inc
            You may want to ask them about lower tier subcontractors.   Many times the primary has to pay out their subs and have them sign a lien waiver showing they have been paid prior to submitting for payment.  We go through this all the time, although we have normally been paid prior to the main contractor being paid.    There is normally a form stating the contractor owes nothing on any product, labor, or subcontractor used on the job.  Did the subcontractor file a notice of commencement with the city so everyone knows they need to be paid?
Very good synopsis!
Montgomery-Ames Associates LLC
            You should read the lien waiver because it should show that something is owed or to be paid.  Alternatively a written letter, or email, can accompany the waiver stating that payment will be made once the lien waiver is delivered.
            Most of you use the Standard Form Agreements [and those that don't should] and you don't have to deal with lien waivers and other nonsense provisions before you can get paid.  There are stiff consequences for the subscriber when you have the Standard Form Agreement and you don't get paid timely. 

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301