Attorney Shannon Wynn: When building a home, get lien waivers

A casual conversation with one of the many area realtors with whom Wynn at Law LLC works revealed an interesting take on the current real estate market in Walworth County. It’s a seller’s market right now (see related article). The demand outpaces the supply. That scenario is great for sellers, and it’s also great for those wishing to build rather than buy a home.

There are plenty of subdivisions in development in the area. Visitors from Chicagoland are usually struck by the amount of larger parcels available for country living, too. When you buy one and start to build – or if you’ve already broken ground – an important pair of words for your venture are: Lien Waiver.

A lien waiver is a legal document you have your contractors and subcontractors sign. It says – I’m paraphrasing – the contractor has been paid in full and releases any future claim on the property. What this document does is protect you from the contractor coming back to say such-and-such wasn’t paid for, or they neglected to invoice you for X component.

Wynn at Law LLC works with both, contractors and property owners, and we know most of our area contractors act entirely above-the-board when working on residential or commercial projects. Sometimes, legitimate expenses for which you weren’t invoiced get lost, forgotten, or delayed. Other times, a contractor might struggle financially and return to bill you. Protecting yourself and your property from unexpected claims once the work is complete is a wise peace-of-mind move.

Roofing. HVAC. Foundations. Plumbing. The dwelling itself.  Each of those are put together on your behalf by skilled tradesmen who are owed for their work. When a builder or contractor slaps a lien on the property because of amounts unpaid, they have been to a court clerk to get that lien. That doesn’t mean they are 100 percent entitled to the amount they claim to be owed, only that they have presented evidence that something wasn’t paid in total for the work they performed. A lien waiver signed as you deliver the final check on the final invoice protects you. This goes for home repairs, additions, remodels, as well as new construction.

There are waivers you can get during the project for work performed ‘to date’ as well… feel free to talk to us about those. And don’t be uncomfortable bringing up the subject of lien waivers: This is nothing new to any contractor. Be wary of one who won’t sign it.

 

*The content and material in this original post is for informational purposes only and does not constitute legal advice.

 

 Photo by Leena Robinson, used with permission.