Ask
Dave
Below
are two very good questions that have been answered
by our very own "Ask Dave"...
Q: One
of my work trucks was damaged on a jobsite by
the Developers employee. The Developer
said he would pay for it, but has not, can I
use a California Mechanic's Lien Form as leverage
to get paid ? Thank you for your help! Shannon!
A: This
is a good question and a good hypothetical to explain
what types of debt can be made the subject of a
mechanic's lien. Read
More
-----
Q: Something
I have been concerned about is providing a waiver
and release upon final payment when the payment
is made utilizing a credit card. When
a check clears the bank, it’s more or less
final. However, with a credit card payment, the
cardholder can decide to dispute the charge for
some time after the fact and the monies received
for that final payment transaction are reversed
until the dust settles. If the release signed
is unconditional on final payment then the contractor
has no rights and no money and very likely is
beyond the time requirements for filing liens.
The language in the conditional release doesn’t
quite spill over to incorporate a credit card
dilemma either. We have used a from that I drafted
if there was cause to be concerned and we accepted
the final payment via credit card, but doubt
it would protect us in any way. Is there a form
for conditional and unconditional releases or
some method that addresses the credit card payment
problem in any way?
A: This
question illustrates a problem with unconditional
releases. Unconditional releases are "unconditional," and
cannot be withdrawn or revoked. Read
More
-----
The
above information was provided by Dave Barnier.
Dave
is a practicing litigation attorney (he's our attorney
too :) in San Diego California.
Contact
him and tell him we sent you and he'll chat with
you for about 20 minutes at no charge about any
business matter!
David
J. Barnier, Esq.
BARKER LAW GROUP
San Diego, CA 92108
(619) 682-4842
|
New
Arizona Release Forms!
Look
Look Look! This is so cool! I have a new package of downloadable,
fill-in-able forms available. :)
[A
BIG thank you to Mike DeMarie of HBI Construction www.hbiconstruction.com
for getting me going on these!]
It's
the conditional and unconditional upon progress and final
payment waiver/release forms used by contractors and
suppliers on projects located in Arizona!
These
forms are a lot like California's release forms (1 -
4) but the wording does differ some because the Arizona
lawmakers have their own requirements as to what wording
has to be in each document.
The
package is $29.95 and it includes the four release forms
in WORD, .PDF and now .RTF formats for most word processors
and text editors, and they work on both Windows and
Macintosh computers.
Also
included as a special free bonus is my wildly popular
article "How to Use Conditional and Unconditional
Lien Waivers".
It's
an incredibly easy read yet it'll have you doing these
forms like a PRO in no time.
You'll
never again wonder which release form to use when! :)
..............................................................................................................................................
New
California Release Forms!
Look
Look Look! This is so too cool too! ;)
The
California release forms package now contains an .RTF
(rich text format) version, that works with most text
editors and word processing programs.
For
folks who have been using the .PDF version of the forms,
.RTF may be just what you've been looking for because,
unlike those darn .PDF documents, you CAN save
filled-in copies of .RTF documents!
If
you've purchased the package in the past and would like
a copy of the .RTF forms and instructions, just send
me an email and I'll send them over to you. :)
Or,
if you've been thinking about purchasing the package
but haven't yet because you wanted a format other than
Word or .PDF, here
it is, click on through and check it out!
..............................................................................................................................................
Nevada
Release Forms Soon...
In
addition to the Arizona and California forms, I also
now have Nevada release/waiver forms available!
I
don't have them posted online yet and currently they're
available ONLY in Word format but the .PDF and .RTF will
be available soon.
If
you'd like a copy of the Word format send me an email
and I'll get you set up.
If
you'd like a copy of the package after the other two
formats are available send me an email and I'll
let you
know once they're ready. :)
..............................................................................................................................................
Economic
Forecast and Strategies for Building Suppliers: Summer
2006
As
the representative of dozens of national and regional
building suppliers, the law firm of Levy • von
Beck & Associates pays close attention to the economic
outlook for the construction industry as a whole, and
to the building supplier market in particular. So, where
is the industry headed? Let’s
start with a few observations...
..............................................................................................................................................
If
You Don't Want More Business Than You Can Handle
Then PLEASE DO NOT FOLLOW THIS LINK !
|
