My project is finishing up today. Unfortunately, I will be going out of town for 2 weeks so I am hoping for the good will of people here to provide a speedy response. :)
This is my first time dealing with this, so I wanted to know if this is sufficient language to protect me from a mechanic's lien.
"TO ALL WHOM IT MAY CONCERN:
The undersigned, in consideration of the sum of $_5280_, the receipt and sufficiency of which is hereby acknowledged does hereby waive, release and relinquish any and all liens and claims for liens for labor or work performed and/or material furnished to the construction project commonly known as The Bradley Rental located at xxx Myaddress Drive. MyCity, Ohio 45XXX and owned by Brian and Mary Pleshek.
The individual signing this lien waiver on behalf of the undersigned hereby warrants that he/she has full authority to execute this lien waiver. October 27, 2016.
1. Is the language sufficient?
2. Should I get it noterized at the time of signing or is that unnecessary?
3. Should there be any issues with the guys he brought onto the job as a subcontractor?
There was language in the original contract as such:
3. Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this Contract.
Thank you very much.
Maybe, but probably not on it's face. Your state likely has a Specific release form. You could find it easily by googling it up, along with all the relevant laws. In any case, this will Not prevent any subs from filing liens, if they do so properly. You really need to just read your state mechanics lien laws.
According to this Ohio doesn't have specific forms. It states in part, "Ohio does not have statutory lien waiver forms, and therefore, you can use any lien waiver forms. Since lien waivers are unregulated, be careful when reviewing and signing lien waivers." This is from a site, that I take to be for contractors, not property owners, but the answer should still be the same.
@Brian Pleshek Check CA waiver forms. Conditional Final or Unconditional Final.
You should really get the form you are seeking from an attorney. It is too important to risk getting it from another source that might be wrong.
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