WTF?
I'm gonna present that to my mortgage company before my next installment.
Had a crew do a little service call on a downtown hotel and install a pump and do a couple of other things...not a big deal...$1400 bill. Guy sends me a release of lien and says we have to sign it to get paid. I say I have to get paid to sign it. He says that's the way his bosses do it. I tell him I'm not signing a do ent that says I have been paid and surrendering all my legal rights to collect when I haven't been paid. Now he's going back to his bosses to see what they say.
Seriously, except for the stupid ones like fuzzylumpkins and Boutons, would any of y'all sign this before you got paid?
The undersigned, for and in consideration of $_________________________________, and other good and valuable considerations, receipt of which is hereby acknowledged, does hereby waive and release (i) any and all lien or claim or right of lien under the statutes of the State of _____________________ relating to Mechanics Liens, on the above described premises and improvements thereon, and (ii) any other claim or cause of action of any other nature, whether known or unknown, arising directly or indirectly as a result of labor, services, materials and/or equipment, fixtures or apparatus heretofore furnished, or which may be furnished at any time hereafter, by the undersigned for the above described premises. This release includes any claim for monies due or to become due from the Owner. Further, the undersigned states that it has not assigned any claim or payment against the Owner, its agents, partners, lenders, successors and assignees, and that no security interest has been given or executed by the undersigned for or in connection with any materials, appliances, machinery, fixtures, or furnishings placed upon or installed on the above described premises. Further, the undersigned agrees to indemnify and hold harmless Owner, it’s agents, partners, lenders, successors and assignees, from any and all charges, costs, expenses, demands, suits and legal fees, directly or indirectly relating to any lien or claim by any other party for work, labor, services, material and/or equipment which relates to that which the undersigned performed or should have performed, and from and against any lien or claim relating to any work, labor, services, material and/or equipment allegedly performed by or for the undersigned. The undersigned states that it has the right, power and authority to execute this instrument, which shall be an independent covenant.
WTF?
I'm gonna present that to my mortgage company before my next installment.
I wonder what they will think if you have to take them to court, and win that money plus related court expenses?
If I have to take them to court I will be billing them at my hourly rate of $150 an hour. I've even got an e-mail from the maintenance guy saying what a good job my guys did and thanking us for getting there so quickly.
I know, tell the guy that you will do it at the same time. "on the count of 3. 1.....2.....3" then pretend like you are going to sign, and take his money instead.
having the lien is way more fun than $1400.
No . I had an apartment complex try to pull a fast one on me and stiff me for about 20K...They kept putting me off and I did some research and found out they had a sale pending on the complex and I went straight to the courthouse and popped their ass with a lien. This was like a 15 million dollar sale...they caught the lien at the le company in closing and the seller had to overnight a cashiers check for the full amount before the buyer would fund.
Did you keep their deposit?
So CC is a plumber?
Explains a lot tbh.
no. This is basically something that says "I got paid and release my lien". Whoever sent it to you does not understand what they sent you.
You are right not to sign it. Give them the benefit of the doubt though, it is probably just a simple, good faith mistake on someone's part. If they dig in their heels, that "probably" gets less and less probable though, IMO.
Which is precisely why we have have mechanic's liens. Good for you, and them for trying to stiff a contractor.
Yeah, seems like they think you're stupid CC.
Maybe they read Spurstalk too?I kid, I kid.
No way. Don't you feel insulted that they assume that you are stupid enough to sign it?
Yeah, I'm just a stupid plumber/AC guy. My ego has no problem that it makes you feel superior.
Naaa...Ill probably end up being friends with the person that has to call me after I explain the difference between an unconditional release and a conditional release. I'll even email her an example of what her release should look like. Nobody is born knowing everything except Spurstalk political posters.
I really do find it interesting that I am sneered at in here because I make a living as a mechanical contractor and have happy employees that like working with me. Strange. What are they teaching you little es in school that makes you feel so special that you don't ever get your hands dirty?
How come when you have a bar BQ for your employees you can't invite a few ST folks?
Calm down bro. There's nothing wrong with being a plumber. If you make a good living, then who are we to judge you?
calm the down. You have a successful business, good for you. Nobody is sneering at that.
The universities of indoctrination teach them that people like you are the evil 1%.
You really want me to find the worthless Airport Security quotes?
That's all people do at this site criticize a persons job or lifestyle.
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