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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.
In a manufacturing environment, a request for waiver (RFW) is a request for authorization to accept an item which, during manufacture or after inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use as is or after repair by an approved method.
Courts may refuse to enforce a general liability waiver if it fails to inform the signer of the specific risk that caused the injury. [2] Liability waivers include pre-accident releases and model releases (for pictures). Reckless or intentional actions can never be disclaimed and liability resulting from a faulty product cannot be waived in the ...
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 ]
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