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

[Alison Brenner]

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.

[Joshua Beall]

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."