Contractor's Release & Waiver of Liens

[AndrewWLA]

What is the name of your state?

California.

We're nearing the end of a major kitchen renovation, and the contractor just presented us with a bill that will bring payment to 90% of the total. We've had a few difficulties and mistakes along the way, and she's had to do a few things over at her own expense. So I'd like to make sure we're protected from any attempt to send us additional surprise bills later on.

I've heard that contractors should provide homeowners with a Release and Waiver of Liens, which protects us from more bills. But what about subcontractors and/or suppliers? For example, the folks who made the doors on our new cabinets -- we have no idea who they are.

1) How do we get release/waivers from subcontractors/suppliers?

2) Can one form from the main contractor also cover any subcontractors/suppliers?

3) How do I know if the contractor has given me a complete list of subcontractors/suppliers?

4) Are these forms available for download anywhere on the internet? The ones I've found all require payment before you can even look at them.

Thanks.

[divgradcurl]

1) The easiest way is to simply ask the subcontractors or suppliers for a release. If the subcontractors HAVE been paid in full, this shouldn't be a problem.

Another way to do this would be to withhold final payment from the general contractor until he supplies said releases -- but if you didn't get that in the original contract, you really don't have the authority to do it now. Withholding payment to the general until releases are obtained may be in the boilerplate of the contract, but if they weren't, the time to add them in would have been before the contract was signed.

2) Can one form from the main contractor also cover any subcontractors/suppliers?

In principle. But it would need to be signed by each of the suppliers and subs as well.

3) How do I know if the contractor has given me a complete list of subcontractors/suppliers?

Good question -- hopefully he has, hopefully you can trust your contractor.

4) Are these forms available for download anywhere on the internet? The ones I've found all require payment before you can even look at them.

Have you looked at California's contractor's state license board website? [url]http://www.cslb.ca.gov/forms/LienReleaseForms.asp[/url]

[seniorjudge]

I certainly agree with divgradcurl but I just want to add that some states' mechanics' lien waiver laws state that a release from the general contractor works as a release of the subcontractors.

I do not know what the law is in California.

Maybe someone could tell us.

[AndrewWLA]

Thanks for the helpful responses. I do trust my contractor, and she says there are no other subcontractors or suppliers. She affirmed that in writing and immediately sent over a waiver and release. So I think the issue has been resolved. Thanks again.