Houston (Katy) Pool Build - Started April 2016

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)
 
The suppliers to the subcontractors can still file a lien against you.
Anybody know the history of this law? It just seems so unfair to the end consumer. I am sure there were certain circumstances that necessitated this law. However the consumer does not have any protection even though we have lawfully abided by our contract with the PB.

I'm sure it can be onerous for the subs and their subs to prove their case. Everyone loses while PB goes happily missing and reemerges back under another name / different front person to play the game all over again.
 
Anybody know the history of this law? It just seems so unfair to the end consumer. I am sure there were certain circumstances that necessitated this law. However the consumer does not have any protection even though we have lawfully abided by our contract with the PB.

I'm sure it can be onerous for the subs and their subs to prove their case. Everyone loses while PB goes happily missing and reemerges back under another name / different front person to play the game all over again.

I would disagree. I am not from Texas but after reading this I did a quick search Can subcontractors file liens on my home when I paid the contractor but he failed to pay his bills? - Avvo.com The law seems pretty clear cut and the homeowner is provided protection against such actions.
 

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I still haven't caught up on your thread, but I'm going to jump in late anyway. The weather reports this morning say the big rains are holding off until later this afternoon. But I'm wondering if you need a longer window for the plaster..... I'm keeping my fingers crossed for you and still holding off on adding fresh chems to my pool to hold off the rains (and waiting to wash the car)!
Suz
 
Hooray!!! :party::rockon::punkrock::bounce::bounce::bounce:

Are you home to watch? I thought the plaster was the most fascinating part of the pool build! What finish are you getting?
Suz
Indigo blue Prism matrix.

Kim : I went to the truck to see the bags and only saw satin matrix and pearl matrix. Plaster guy confirmed that he has glass beads in second truck.
The base formulation is the same for all three. Even the pebbles are same. Only glass and abalone are extra
 
Indigo blue Prism matrix.

Kim : I went to the truck to see the bags and only saw satin matrix and pearl matrix. Plaster guy confirmed that he has glass beads in second truck.
The base formulation is the same for all three. Even the pebbles are same. Only glass and abalone are extra

Woo hoo!! It's awfully early in the morning but you can tell everyone you're getting plastered!!! Can't wait to see the color since we're still deciding on that or Deep Sea Blue!! Your pool is going to be gorgeous!

Pictures ASAP please. If you don't post them your plaster doesn't stick to the pool shell and just sloughs off down the drains. I read that in Google somewhere so it must be true. You shouldn't risk it.
 
Pictures ASAP please. If you don't post them your plaster doesn't stick to the pool shell and just sloughs off down the drains. I read that in Google somewhere so it must be true. You shouldn't risk it.

Yeah! I read that somewhere too! It might have been while I was standing in a check out lane! LOL

Better safe than sorry on the plaster. The one that got chipped out :( He had paid for a BIG upgrade on his finish with the color AND the beads AND extra shells. What he got was plain plaster that was the lowest tier color with NO extras. The house that got HIS plaster got quite an upgrade. Turned out they sent the trucks to the wrong houses.

Kim:cat:
 
Pictures ASAP please. If you don't post them your plaster doesn't stick to the pool shell and just sloughs off down the drains. I read that in Google somewhere so it must be true. You shouldn't risk it.

Ohhhh, good one TM! You and Phil are having quite the battle of wits!!! :salut:

Plaster and gunite shows on the same day - pool lover's dream! ::epds::
 

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