Why You Need Lien Waivers

By: Caroline Roberts

A lien waiver protects you from contractors sending you the bill and placing a lien on your house, or a claim on your property, if a builder, developer or home contractor did not pay for work provided.

Why would someone place a lien on my home if I paid for the work?
Here is how this situation might unfold:

  1. You hire a contractor to do work on your home.
  2. The contractor hires a subcontractor, who actually handles the job.
  3. You pay the contractor in full and assume everything is taken care of.
  4. The contractor is supposed to pay the contract labor, but doesn't.
  5. To get the money he deserves, the subcontractor places a lien on your home until he gets paid.

Why do I need to worry? It's the contractor who didn't pay.
Unfortunately, a lien could be placed on your house, preventing you from selling it or refinancing it, even if you are caught up on the bill. The homeowner is caught in the middle in this situation. It is not fair, but lien waivers help prevent that problem.

How can I avoid this problem?
Prevention is the best policy. First, find out from your contractor if he is using a subcontractor, and get the names of all the subcontractors involved. To obtain a lien waiver, discuss the matter with your contractor. Once these forms are signed, keep all the copies.

As the homeowner, you can ask the subcontractor to sign a lien waiver before anyone gets paid. Then, if the subcontractor has a dispute with the contractor, you have proof that you paid, and they cannot place a lien on your house.

Even after you have signed waivers, you will need to keep good records during the entire time of construction to make sure there is no dispute regarding what you owe and who paid whom.

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