The Release of Lien - Subcontractor or Material Supplier is a legal document used by individual subcontractors or material suppliers. This form serves to confirm that the contractor or supplier has received full payment for their work or materials provided for property improvements. By signing this form, the subcontractor or material supplier relinquishes any lien rights they may hold against the property, thus protecting the property owner from potential claims regarding past due payments for services rendered or materials supplied.
This form should be used when an individual subcontractor or material supplier has completed their contractual obligations and has received full payment for their services or materials. It is important to provide this document to the property owner to clarify that there are no outstanding claims or liens against the property, ensuring that the owner can confidently proceed without the fear of facing a legal lien due to unpaid debts.
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
When payment issues arise, material suppliers can file mechanics liens. However, there are several rules that are unique to suppliers compared to the more commonly tackled procedures for contractors. When payment issues arise, material suppliers can file mechanics liens to get paid.
In fact, the subcontractor doesn't have any contract with the owner neither written nor verbal!However, presuming that the subcontractor on the project has a written contract with someone, they can still file a lien even if they don't have a written agreement with the property owner.
What Is a Mechanics' (Construction) Lien? When a contractor files a mechanics' (construction) lien on your home, the lien makes your home into what's called security for an outstanding debt, which the contractor claims is due and unpaid for services or materials.
Negotiate with the contractor who placed the lien (the "lienor" to remove it. Obtain a lien bond to discharge the lien, or. File a lawsuit to vacate the lien.
It basically states that you've paid the subcontractor what is owed, they accept the payment in full, and they waive the right to put a lien on your property. Simply present this form to the subcontractor with your payment and ask them to sign it. Make sure you get their signature!
Formalize a defense for disputing the amount of the lien. Gather supporting documentation for your rebuttal, depending on the type of lien. Contact the agent representing the creditor to dispute the amount of the claim. Negotiate a payment settlement with the creditor if you cannot pay the amount you owe in full.
Legally, an unpaid contractor, subcontractor or supplier can file a lien (sometimes called a mechanic's lien) that could eventually force the sale of your home in place of compensation.Conversely, if the contractor who worked on your project does not pay for materials, a supplier could place a lien on your property.
The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.