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Posted by Rob on June 6, 2007, 8:12 am
I'm replacing my HVAC system, $6000 or so. I have read that one
should get a mechanic's lien waiver prior to final payment on a
construction project. Is this a common thing? I'm guessing I would
want protection from possibly the equipment supplier coming back to me
saying the contractor did not pay him, as there is no subcontractor.
I'm using a reputable licensed installer with 20 years in the
business, its not like he's fly by night, just want to be extra
cautious if it something I can require. Does the fact that he is
bonded make it a mute point?
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Posted by dpb on June 6, 2007, 8:48 am
> I'm replacing my HVAC system, $6000 or so. I have read that one
> should get a mechanic's lien waiver prior to final payment on a
> construction project. Is this a common thing? I'm guessing I would
> want protection from possibly the equipment supplier coming back to me
> saying the contractor did not pay him, as there is no subcontractor.
> I'm using a reputable licensed installer with 20 years in the
> business, its not like he's fly by night, just want to be extra
> cautious if it something I can require. Does the fact that he is
> bonded make it a mute point?
It's mute only if you don't say anything about it...That the installer
is bonded certainly goes a long way towards making the point moot,
however. :)
You can always ask, of course. Whether you'll get it is another
question. The key thing I think is that if he hasn't paid his
distributor, for example, I don't think anything he signs prevents
them from placing the lien anyway if they were to so choose, so not
sure it would accomplish what you're trying to ensure...
--
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Posted by Edwin Pawlowski on June 6, 2007, 9:38 am
> Does the fact that he is
> bonded make it a mute point?
That would mean his bonding company is silent on the deal.
Meantime, ask him as it may be a moot point anyway.
>
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Posted by Toller on June 6, 2007, 10:23 am
> I'm replacing my HVAC system, $6000 or so. I have read that one
> should get a mechanic's lien waiver prior to final payment on a
> construction project. Is this a common thing? I'm guessing I would
> want protection from possibly the equipment supplier coming back to me
> saying the contractor did not pay him, as there is no subcontractor.
> I'm using a reputable licensed installer with 20 years in the
> business, its not like he's fly by night, just want to be extra
> cautious if it something I can require. Does the fact that he is
> bonded make it a mute point?
>
Never heard of such a thing; nor can I see how it would help you any.
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Posted by mm on June 6, 2007, 1:30 pm
>I'm replacing my HVAC system, $6000 or so. I have read that one
>should get a mechanic's lien waiver prior to final payment on a
>construction project. Is this a common thing? I'm guessing I would
>want protection from possibly the equipment supplier coming back to me
>saying the contractor did not pay him, as there is no subcontractor.
>I'm using a reputable licensed installer with 20 years in the
>business, its not like he's fly by night, just want to be extra
>cautious if it something I can require. Does the fact that he is
>bonded make it a mute point?
Unless you have some contract with the manufacturer, I doubt they can
put a lien on anything.
Check out bona fide purchaser for value and holder in due course.
On some items, usually smaller, there's a question about buying stolen
goods, and you can't own what the seller didn't own and couldn't sell.
But your AC wasn't stolen from the man. Even if the contractor
doesn't pay his bill to the man. it was purchased, not stolen.
BTW, if he signs a lien waiver, it's only going to bind him, not the
manufacturer.
If he were an agent of the man. that would be different, but he's not
and if he were, your contract would be with the man.
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