Winning DUH
Member
- Location
- Midwest
This post is about getting the check.
A few years ago when it was busy-busy the GC?s I dealt with would have me bring a waiver of lean to their office. Then I would present waivers of lien from the material men and myself. Then we would exchange wavers for the check. Be it partial or final. GC got the waivers and I walked out the door with a check. Done and Done.
Work slowed down and I started to deal with new contractors. Some of the new GC?s wanted a waiver before they gave me the check. I was told by the GC that it was easier for them because the GC would get waivers from all subs and present all the waivers to the ?project owner? , then the GC would get a check, then the subs would get paid. All fine and good, I get it. GC was to get a check and I was to get paid out in a week or so, no problem.
Now enter the unscrupulous General Contractor. Wants the waiver before the check. Also wants a low number on the next job BEFORE I see the check. Also wants to beat me over the head for this and that, and one more trip, bla bla bla. Wants can lights at his house.
This GC is telling me that it is normal to give the final waiver before I get the check BECAUSE I then have 120 days to file a lien if I do not get paid.
120 days is a long time and I feel like a boo calling ?are the checks ready? Are the checks ready? NO? Ok, I?ll call back next week?..? 120 days??????? So what on the 119th day I lien him??
I asked two lawyers:
1st lawyer told me the above statement is true. I should give the GC the final waver BEFORE I get the final payment. Then wait up to 120 days to get paid.
2nd lawyer said no way!! No wavers without checks.
I asked an owner of an established HVAC company and he tells me that he faxes a bill to the GC and files a lien the same day. ?And if the GC don?t like I never do work for him again!!? If I was to file a lien I do not think I would be invited to bid ever again?.
Is all this getting paid/waivers on a case by case bases? Exactly how does everybody else do it?
A few years ago when it was busy-busy the GC?s I dealt with would have me bring a waiver of lean to their office. Then I would present waivers of lien from the material men and myself. Then we would exchange wavers for the check. Be it partial or final. GC got the waivers and I walked out the door with a check. Done and Done.
Work slowed down and I started to deal with new contractors. Some of the new GC?s wanted a waiver before they gave me the check. I was told by the GC that it was easier for them because the GC would get waivers from all subs and present all the waivers to the ?project owner? , then the GC would get a check, then the subs would get paid. All fine and good, I get it. GC was to get a check and I was to get paid out in a week or so, no problem.
Now enter the unscrupulous General Contractor. Wants the waiver before the check. Also wants a low number on the next job BEFORE I see the check. Also wants to beat me over the head for this and that, and one more trip, bla bla bla. Wants can lights at his house.
This GC is telling me that it is normal to give the final waiver before I get the check BECAUSE I then have 120 days to file a lien if I do not get paid.
120 days is a long time and I feel like a boo calling ?are the checks ready? Are the checks ready? NO? Ok, I?ll call back next week?..? 120 days??????? So what on the 119th day I lien him??
I asked two lawyers:
1st lawyer told me the above statement is true. I should give the GC the final waver BEFORE I get the final payment. Then wait up to 120 days to get paid.
2nd lawyer said no way!! No wavers without checks.
I asked an owner of an established HVAC company and he tells me that he faxes a bill to the GC and files a lien the same day. ?And if the GC don?t like I never do work for him again!!? If I was to file a lien I do not think I would be invited to bid ever again?.
Is all this getting paid/waivers on a case by case bases? Exactly how does everybody else do it?