Roofer refuses to provide lien waivers for subcontractor (tear-off crew)

Roofer refuses to provide lien waivers for subcontractor (tear-off crew)

Member since 2022 · 79 posts · 72 votes

I just replaced three roofs - over $90K total. All payments have been made except for final payment for the third replacement ($20K is owed). The roofing company provided lien waivers for the two replacements that have been paid in full. However, they denied my request to provide lien waivers for the subcontractors, stating, "it's not something we do." The contract states that lien waivers will be provided upon receipt of final payment.

When I first hired the roofing company, I was told that they don't use subcontractors. When things started to go wrong with the first roof on day 1, the roofer blamed the "tear-off crew." That's how I learned that they do use subcontractors, which was confirmed by sales rep/account manager. I know nothing about the tear off crew and have no way of contacting them to confirm payment.

This has not been a positive experience for numerous reasons. Unfortunately, I had an insurance underwriter breathing down my neck and had to replace the three roofs within four weeks or risk losing my coverage. I would love to pay the roofers and move on with my life. I am concerned that I will lose leverage once the company is paid in full. 

Any advice on how to proceed would be very much appreciated. Thank you.

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Realtor / Listener / Coach · Charles Town, WV · Member since 2015 · 46 posts · 23 votes
2y

My gut response is to say "let's meet up and do an exchange--I'll hand you the check, you hand me the lien waiver."

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  • Realtor / Listener / Coach · Charles Town, WV · Member since 2015 · 46 posts · 23 votes
    2y

    My gut response is to say "let's meet up and do an exchange--I'll hand you the check, you hand me the lien waiver."

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y

    @Alison Brenner

    My agreements always require lien waivers (interim and final) as a condition of payment.

    I would withhold payment and put in writing why. That way if he files a lien you have an easy defense.

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  • Member since 2022 · 79 posts · 72 votes
    2y
    Thank you. I am with you on the meeting arrangement if I can get that far. The point of contention is that the roofer doesn't want to provide lien waivers for the subcontractor. I don't what to think. This roofer has an excellent reputation.
  • Member since 2022 · 79 posts · 72 votes
    2y
    Quote from @Chris Seveney:

    @Alison Brenner

    My agreements always require lien waivers (interim and final) as a condition of payment.

    I would withhold payment and put in writing why. That way if he files a lien you have an easy defense.

    Thank you so much, Chris! So, I do have some recourse. I am a new owner and a maintenance moron. I am concerned about a mechanic's lien. Should I have my attorney rattle off something in writing? Is a letter from me sufficient? Certified mail?


  • Contractor · Richardson, TX · Member since 2022 · 265 posts · 146 votes
    2y

    Alison, this from a Roofer ... if I/we provide a Lien Waiver, that "usually" covers any subs that would work through us, as a general rule anyway. Just like in our insurance, it covers us for having a certain % of work done by subs, and a % done by staff/employees, but it is setup that way when initiated/started for the policy year.  (and most Roofing co's use subs, unless they are very large commercial companies, that keep the workers/staff on the payroll. But that is NOT the norm)

    * But honestly, you may have to check you local and state laws to this, as every state is different.

    Perhaps ask them for the name/# to that/those sub crew(s)?  Then contact them to confirm that they've been paid by the Roofing Co, then you can ask them to sign off on a lein waiver. Be nice about it, and possibly "coax" them with $50 or so but ... maybe that'll get things done? :)

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y

    @Alison Brenner

    One thing to confirm with the attorney after rereading this is to confirm if you get a lien waiver from your contractor then you are good and do not need sub and supplier liens. Some states your covered.

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  • Member since 2022 · 79 posts · 72 votes
    2y

    @Chris Seveney

    Thanks so much, Chris. I spoke with the attorney. He thinks that the subcontractor cannot place a lien on the property without sending a notice prior to beginning work.

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