Franchise disputes can be a complicated concept to fully grasp. Like any area of law, franchise dispute lawyers deal with a range of complex cases that use terms difficult for the everyday person to understand. Disputes often occur between a franchisor and franchisee, with professional advice and as...
New research on crime, using the generational gaps set by WJ Schroer Company, has revealed that age groups may play a part in criminal activity. The studies looked specifically at Generation X (1966-1976), Generation Y (1977-1994), and Generation Z (1995-2012) to determine how age and criminal activ...
By: Adam Weisberg, Lead Counsel, Weisberg Law Pleading guilty is a serious decision.Those accused of a crime sometimes believe that they are guilty when they are not actually legally guilty. Pleading guilty should not be done without careful consideration and advice. Did I really do the crime? Peopl...
There's an old saying that a man who represents himself has a fool for a client. Usually, that's associated with a non-professional trying to present a case with no training or legal experience. However, that also goes for practising lawyers no matter how stellar their history or knowledge. Even amo...
Uber has skyrocketed in popularity in recent years. The company has now achieved that grandest of milestones – its name has become a verb. We now think nothing of 'booking an Uber' to get us from one place to another. For those living in urban and metropolitan areas, the extensive coverage of the Ub...
Traditionally, a business was faced with two unappealing choices when it came to legal services: either pony up a lot of money to hire an in-house lawyer, or leave themselves without legal services all together. The former cuts deep into profits, while the latter opens a business up to potentially d...
Sadly, you never know when you are next going to need a good attorney to ensure that you get the representation and compensation that you deserve after an unfortunate event. From settling a nasty divorce to ensuring that you are rewarded some compensation for a road accident that was not your fault,...
Not many lawyers get excited about the thought of building a website. However, the fact of the matter is that if you run a service business, you need to have an online presence in order to compete. A good website can help you to reach new clients, establish your firm as an authority in its niche, an...
You never know when the time might come that you need to take on an attorney to help either yourself or a family member with a legal issue. From a road accident to helping you through a messy divorce, whatever the situation you will want to know that you have appropriate, confidential and profession...
More than 10,000 people die every year due to drug and alcohol related accidents. Hundreds of thousands more people are injured every year in DUI accidents. Oftentimes, those injuries are life-changing and cause more pain than the victim had ever experienced. In many cases, survivors of DWI accident...
Being in the legal profession requires a lot of things, one of the most important of which is the ability to manage stress. Without a doubt, it is one of the most stressful jobs. To manage stress effectively, keep in mind the things that will be briefly discussed in the rest of this post. Embrace Te...
Car accidents are very frequent all around the world. In fact, it's estimated that every minute there's a new car accident somewhere. Now, most car accidents are not serious – just a few scratches on the vehicles involved. But there may be some that are catastrophic – potentially resulting even in d...
Legal counsel needs to be selected very carefully. You might need the services of a skilled attorney at some point. This could be a very serious situation where either your freedom or money are at stake. This is why you should never simply hire a random attorney without thoroughly checking out his o...
According to the online business directory Kompass, there are currently more than 16,600 agricultural firms based within the United Kingdom. While this is the signal of a healthy industry, there are inevitably times when companies will require the expertise of an agricultural solicitor. Whether refe...
Lien waivers are exchanged so routinely on construction projects and are so closely tied to payment; it is important to understand how they work Lien waivers are tied to almost every payment in construction. Because lien waivers are exchanged so routinely on construction projects and are so closely tied to payment, it is important to understand how they work. What are the different types of lien waiver and best practices for all construction parties to minimize financial risk?
What is a lien waiver?
A lien waiver is a document commonly exchanged among parties in the construction industry as part of the payment process. The party receiving payment signs a lien waiver (often at the request of the party making payment) in exchange for payment. By signing the waiver, the party receiving payment waives their right to file a mechanics lien. How Mechanics Liens Help Secure Payment on Construction Projects Unlike most other documents that are part of the construction payment process, lien waivers can be exchanged in both directions: they may be created by the party making payment and sent with a request for signature to the party getting payment, or they may be created by the party awaiting payment and sent up the payment string to acceleration up the payment process. Depending on the project, contractors might both send and receive lien waivers.
Why send a lien waiver?
Sending lien waivers builds better relationships. These docs are mutually helpful, so exchanging lien waivers may build trust between construction companies. Lien waivers advantage the party building payment by ensuring they don’t possess to pay out twice. Without a lien waiver, they might pay out the employed party and also encounter a technician’s lien. A correctly performed lien waiver works like an invoice of money, swapping lien privileges for payment. Waivers advantage the party getting payment by traffic up the payment procedure. Celebrations producing payment frequently don’t desire to send out a check unless a lien waiver provides been agreed upon. By sending a ready, agreed upon lien waiver with an account, the party waiting for payment will save period. Also, if the party waiting for payment creates their very own waiver, they can end up being specific they are not really putting your signature on apart even more than lien privileges. The different types of lien waiver There are two categories of lien waiver: conditional waivers and unconditional waivers. As the titles imply, conditional waivers are conditioned when something (typically the invoice of payment) whereas unconditional waivers go into impact as quickly as they are signed, irrespective of whether payment has actually been received. Within each of these two categories, there are two subcategories: waivers on last payment and waivers on progress payment. A waiver on last payment is utilized if the whole agreement worth is becoming paid at one period or when the payment in query can be last payment becoming produced for a task. Improvement payment waivers (sometimes known while part improvement waivers) being used when more obligations are to come in the potential; for example, if a service provider is becoming paid in regular monthly payments. Best practices For parties on both sides of lien waiver exchanges, it is greatest practice to always exchange conditional waivers. Because conditional waivers just move into impact when the purchase provides happened, both the payer and payee are covered. The party getting payment keeps its correct to document a lien until the verify can be in fact cashed; the party producing payment will hardly ever encounter twin payment (having to pay the party they employed and also getting encountered with a lien). Since unconditional waivers are enforceable as shortly as they are signed, they may be dangerous when signed before payment is actually in the loan provider. If a service provider receives a check and signals an unconditional waiver but the check bounces, the service provider is certainly trapped in content. He provides no lien privileges and no payment. Using conditional waivers is very much safer mainly because when trained about the real invoice of payment, a circumstance like this a single cannot take place. Maintain in brain that 12 state governments need particular lien waiver forms. In these state governments, any waiver that will not really make use of one of these statutorily needed forms is normally invalid; therefore it is normally important for those producing and getting payment in these state governments to generally make use of the appropriate type. Alternatively, it is important in the other 38 states to read lien waivers properly to ensure the waiver does not contain any kind of extra concessions. Those putting your signature on waivers should make certain they’re not really putting your signature on apart even more than lien privileges! How to create lien waivers It is fairly easy to download lien waiver forms from the Internet or to create your own by reading the lien statute and building a template. It is especially important to make sure the form is correct if your project is located in one of the 12 states with statutory requirements. NLB provides the most efficient and reliable national construction legal network to enforce your construction law compliance requirements nationwide.
DACA (Dreamer recipients) have been a major focus in the news. The failure to legalize DACA is of such political importance that the government shutdown. The program, named "Deferred Action for Childhood Arrivals" is an important part of immigration that helps many foreigners seek residency in the U...
When a nursing home facility's negligence leads to pain, suffering and injuries, the families of the victims can take a stand and hold the facility responsible for their actions. From medical expenses to pain and suffering, victims of nursing home abuse can seek a wide range of damages. Common Types...
If you or someone you know is going through a divorce settlement, it can turn very unpleasant pretty quickly. Two people are going their separate ways while trying to divide what they have made over their years together. You want things to go smoothly and honestly, but that isn't always the case. Wh...
"Trusts and Estates" stands out as a really broad category that currently includes trust administration, elder law, probate law, estate law, estate planning and much more. The trusts and estates lawyer (example here) will help clients to: Avoid probatePlan for owner incapacityReduce taxes for real e...
Distracted driving is an increasingly devastating problem in Georgia and throughout the United States. Each year, approximately 3,000 people across the nation die in distracted driving related accidents. Cell phone usage is believed to be the number one cause of distracted driving, and there has bee...