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In the mechanics lien process, a lien waiver is a document from a contractor, subcontractor, materials supplier, equipment lessor or other party to the construction project (the claimant) stating they have received payment and waive any future lien rights to the property (of the owner) for the amount paid.
Construction of the Pentagon, 1942.. The Miller Act (ch. 642, Sec. 1-3, 49 stat. 793,794, codified as amended in Title 40 of the United States Code) [1] requires prime contractors on some government construction contracts to post bonds guaranteeing both the performance of their contractual duties and the payment of their subcontractors and material suppliers.
Unlike a lien waiver that negates the right to file a lien in the future, a lien release cancels a lien that has already in effect. Prior to making any payment, the property owner should request a release of lien from every supplier, contractor and subcontractor, which covers the materials used and the work performed on the project.
Subcontractors tend to bear the brunt of retainage provisions, especially subcontractors performing work early on in the construction process. [24] The main reason for this, is because many contractors pass down the owner's right to withhold retainage to the subcontractor, but frequently withhold more than is being withheld from them. [ 24 ]
In commercial contracting, where one or both parties may be represented by agents whose authority is controlled by the law of agency, the agent is usually allowed to form a contract only with reference to accepted notions of commercial reasonableness and perhaps a few unique statutes which apply. In federal government contracting, the specific ...
The California Trucking Association in 2023 legally challenged the truck regulation, which was slated to go into effect at the start of last year, and California put it on hold pending a waiver ...
In 1979, the Minnesota Supreme Court ruled that a subcontractor must indemnify the builder for damages that it caused, according to an indemnification clause in their purchase order. [20] In 1966, the Supreme Court of California ruled that The Hertz Corporation could not enforce its clause requiring renters to indemnify Hertz's insurer. [21]
California established the country's first tailpipe emissions standards in 1966 and is the only state eligible for a waiver to the federal Clean Air Act of 1970, giving the EPA the authority to ...
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