I finally received a set of lien-releases from PB's subcontractors, but they seemed inadequate in many ways. The lien releases were on PB's letterhead signed by the subcontractor - how is a subcontractor allowed to use letterhead of the PB? In addition, there was no Name or Title of person signing the release and verbiage was inadequate. I searched this forum for some help and did not find anything specific and so I figured I'll post what I used in the hope that it may help someone else.
UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid as set forth below. If you have not been paid, do not use this form.
Project: Swimming Pool Project @ "your address"
General Contractor: "Name of Pool Builder"
Sub Contractor:
Type of Services Rendered: _________________________________________________________________________________________________________________________________________________________________________
The signer of this document certifies that they have been paid in full by " Name of General Contractor / Pool Builder" for all labor, services, equipment, or materials furnished to the above referenced project.
The signer therefore waives and releases any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position.
The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, material, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release.
Date: ____________________________
_________________________________
(Company name)
By
______________________________
(Signature)
______________________________
(Name & Title)
UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid as set forth below. If you have not been paid, do not use this form.
Project: Swimming Pool Project @ "your address"
General Contractor: "Name of Pool Builder"
Sub Contractor:
Type of Services Rendered: _________________________________________________________________________________________________________________________________________________________________________
The signer of this document certifies that they have been paid in full by " Name of General Contractor / Pool Builder" for all labor, services, equipment, or materials furnished to the above referenced project.
The signer therefore waives and releases any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position.
The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, material, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release.
Date: ____________________________
_________________________________
(Company name)
By
______________________________
(Signature)
______________________________
(Name & Title)