Sign Illinois Permission Slip Mobile

TEXAS CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT form

alright my construction entrepreneurs now let's talk about 2011 air nose which is now just call preliminary notice right and a lot of people refer to it as prelim now let's talk about the belief behind prelims there's a lot of us out there that feels that prelim is a little humbug ish right feel that we shouldn't file a prelim because the general or the owner may feel a certain way and and this is true because a lot of customers a lot of consumers and a lot of generals and a lot of subs feels that a prelim is actually you filing a lawsuit almost to that extent almost you're following something wrong as if something wrong has already been done and that's not the premise behind this right a prelim is to protect you especially as a subcontractor I need you to look at it this way a prelim actually allows the owner to know that you are working on that project now every owner wants everyone to be paid on that project why because everyone working on a project has a right to follow a lien against their property right and we're talking about what of this residential commercial you have a right to file a lien against that if you're not paid okay now there's different processes with with each one they're similar but they're different but let me explain this to you when you file a prelim which you should for every project every project should get a premium and we're going to go over a file in the prelim and a request for information to follow up for you then we're going to over that too as well and pull up some forms kind of go over that and and show you how easy it is to do it to protect you and your company okay now when you follow a prelim you must understand that when you do follow it to the owner of that properly you must do at least some type of receipt of mail okay certified registered Express Mail overnight delivery I want you to get a receipt you need proof that you sent it okay now you can do the plenary notice before you start the project you can actually hand-deliver it and have them sign off that they received it before you start the project okay you can actually do that especially if you have all that information it's great but now also realize that it's up to 20 days after right so if you do a prelim whenever you follow that prelim you'll cover 20 days before that date okay so if you filed on the 21st day the you would be 20 days before the 21st day okay that's what it will cover you on okay so if your project was one day and you decide to follow on the 21st day that doesn't you missed the date to be covered if that makes sense now you can still file okay don't think that just because you missed that timeframe you can still file okay now let's do this here now once you file then after that there's a few other forms that follows that on you receiving payment you know there's a is conditional and then there's an unconditional release game we're going to get into that as well all right so what we're gonna do here first we're gonna cover basically the the you you the first thing you do you need to file info to to find out for the subs who are the who is the general out there you need to basic pre them information now this form is a little bit long here okay which is which is okay it can be simple and I'll show you another several one that I usually receive from my generals if I'm actually been a sub on a particular project and it's the same similar one that I will send to my subs if I'm actually a prime owner contract so basically this is a form I just pull it off to enter now just googled it and it gave me a PDF version and there's something I can actually print out and send to my general contractor to get me the information okay and you see here shows to general contractor has general contractors address needs to input that in regards to what job this location and then you get that information again who's the contact person at title okay phone number fax email you get all this owner developer address contact person title the lender there's a lender there's a loan number we want that information as well or maybe there's a landlord right because you're doing some awesome work to upgrade that house right you want to find out who that person is okay uh if there's a bond involved in that Inuk in that uh that job there now mind you remember you know I said this through other videos we're not talking about the bond that contractor requires you to get hold on here they're the bond requires you to get okay we're not talking about that we're talking about a payment bond we talking about performance bonds that you're required to get on on certain projects okay now there's a payment bond involved in you you you find out the buying company that address who's the contact person for that because you may have to go to that extent okay and then you'll get all that information there okay and basically I just pulled this up off the internet and now this is what I usually get or sent out so this is from one of my my general contractors that I'll do some cell work with as a subcontractor mainly for the Walmart projects and as you see here they make this in this out and I'll also send this out to my subs as well okay or if I'm like I said if I'm gonna prime I'll also type up something like this and send this out to them I usually send it out as part of the big package okay because I don't want to be questioned about later okay the people that do file for these free limbs they need this information give it to them early soon soon soon as they get awarded you like that price center tool so basically this is what it says here okay the project location the general contractor information listed as additionally sure there's Walmart so that's the only other project there's no lender and there's no payment bond assure to company involved in this project okay so basically I have received the information for this project okay I received the information for this project and I know who's the GC and I also know who's the owner okay that's clearly there and that's the information you need to move forward with that okay once you have that information okay then on Contractors State License Board or you can want something once also google it as well now also know there's a notice on mechanic links the nose of them anytime you don't know so mechanically it must have company the lien claim okay and that also must be sent by certified registered first-class as proof okay fear is to send a properly worded notice with the lien claim for result in the lien being unenforceable okay so let's say you send out this prelim and everything is everything is going great you get paid well to get paid they gonna actually for conditional waiver and release upon up on conditional waiver and release on progress payment okay all right so this this part is this is pretty simple here okay once you they're gonna ask you for this to pay you okay so what's your notes you're basically saying is that I'm all the check I'm almost certain amount for a certain amount of work I have done and I'm looking to get paid and basically this is going to satisfy them as far as any liens holds unpaid wages unpaid material suppliers you're basically starting a process saying i I'm taking care of them okay notice this document ways to claim it lien payments top notice and payment bond rights effective on receipt of payment a person should not rely on this document or less satisfied that the claimant has received payment okay so conditional waiver release on progress payment we're gonna give them another forum after this once we received that payment but let's go ahead and fill this out so name a claimant is your name there so construction you'll put your name there okay name what a customer was tri-state general contractors okay hey also too you can also put let's say if tri-state let's say you're working for tri-state but tri-state is actually a sub and your third tier so then you can put the other prime contractors name here as well okay location is four three five two owner Music through date now the due date is very important because it's the date that you're you're getting you're getting paid through okay so that means that if if you're getting a progress payment for work debt that you completed in October then you get paid through October and we're receiving a progress payment for work you complete in November then you'll write that date okay so let's say I'm getting paid for November 1st 2018 okay let's say they missed some payments or something so I'm getting paid them just a excuse me okay make her a check will be who you work for okay Dobie tri-state contractures and you want to make sure you get their name correct okay amount of check is fifty thousand check payable to a construction C okay so this next portion here is it says this document does not reflect any other following retention you know you just put I'll put fifty dollars uh-huh oh okay so it's not actually show on you know why it's not showing that oh why is not okay there we go all right so the only fifty thousand okay another thing is is a does Nakul retention extras for which the claimant has not received payment on okay at a fallen progress payment force to claim it as we previous previously given a conditional waiver and release but has not received payment you write that there okay dates of the raver and release okay amounts of unpaid progress payments you put that there usually you know we shouldn't be filling this out here if we if the payments are coming quicker than normal yes then you know we can fill in that exceptions portion of this form but usually you should be getting that payment before you actually fill them out another waiver okay so your sign here you give your title okay and then the date of signature okay so that's that okay that's that so you send that to them before you pick up the check or while you're there to pick up the check okay either way so you give them that okay and then next next would you would you which you would do here once once that's there you have that that feel about that goes to to actually that goes to your your general okay that goes to your general and then once you one should receive that progress payment there's an unconditional waiver release upon progress payment okay basically saying hey I got it this is information so you do that same information throughout this form here okay alright so basically you're saying that you have been paid you're good to go you do the signature you sign this is pretty pretty simple stuff okay all right so you see here this document waves and releases lien stop payment notices and payment bond rights to the claimant as for labor and services provided and equipment and materials deliver to the customer on this project project through the through date of this document rice based upon labor or services provided equipment or materials deliver percent to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant are waived and released by this document unless listed as exceptions below the claimant has received the following progress payment I'll put 250 thousand here okay that there I fill out all same information I filled out on the last one put that there okay and I'll sign put my title and signature and say now the other form here what we do here is there's also a say you receive an final payment okay I also got a form that sometimes the general will sing you an actual release form here - like I got one here all right let's see here so if I can show you this one here and then we'll come back to that one here okay so here is a here's one here that I got here that I just signed today actually for a Walmart I did in Madera right so here it is at the top here it's kind of hard to see it's not focusing in very well anyway at the top it shows name a claim it didn't name name acclaim it I have MW construction and then a name a customer Shane's construction it's different GC the other one was tri-state this one here is Cleveland Avenue and Madera so Walmart there then it gives owner says Walmart and a store number and it says through date through date is October 31st so I'm I'm being paid through October 31st okay and then here shows the amount here which is they owe me who actually paid me fifty thousand and nine dollars and fifty two cents okay and then I'm signing this basically telling them that uh that I received this I'm you look here at the top this is an unconditional waiver and release on progress payment and I'm basically saying yes I received this okay here's my my name signature I put a owner says title but owner and then a date actually sign that today I got this I got this check-in FedEx today so I'm actually doing this and sending this off to them ASAP so we can get to the next step cuz they still owe me some money here so that's one that you will see a lot of times you received that from your customer okay there they are sending it off which are checked I never like my checks being sent to me always like to be always like I always like to pick my checks up but this particular company Shane's construction is in central California Northern California so I'm not about drop 50 here 450 grams now I'll Drive up there 400 grand but but they're pretty straightforward and they they usually overnight it and they take care and handle business anyone else I just dislike when people say hey your check is in the mail I don't trust it don't put my stuff in the mail I'll meet you and I'll come pick it up unless you gain a little rapport with me and then we can do some FedEx and overnight it and things like that we also have to remember a subcontractors this just right here this 50 grand right here is the blood of my business I don't play with payments okay I will follow a lien on you I don't care and that's one thing that we have to understand here is as subcontractors it's too expensive to be nice okay it's too expensive to be nice I don't care if you're gonna give me more work pay me my money I don't care if you got a whole list of jobs for me pay me my money okay I recently went to an office let me tell you the story here we're gonna live on the finish to steal here and jump to the next portion I recently went to an office for a general contractor they owe me they owe me a two hundred thirty eight thousand dollars for project that I did Oh matter of fact for that saying you sent to Walmart they'll only 238 grand for that okay I get there the project accountant makes a lot of mistakes I always have to deal with issues every month dealing with this person well this time I went there because they they I think a lot of people that are at w2's really don't understand the subcontractor environment right we don't get paid weekly okay not every time do we get paid weekly there's time stains don't flow right so we get paid like me I mostly get paid from my partnerships once a month and sometimes that'll be once every other month you know depending on the weight things have flow and the way things have fallen into they different pockets and what is old okay so we're looking at different things and trying to figure out how to get past these different obstacles and challenges to make sure we're you know the owners are getting paid on a regular basis okay doing the summer is plenty of work I'm on a weekly you know but sometimes the stains change because just the way business happens take people take longer to pay then I it takes longer for me to get paid now a lot of people don't understand that's best w2 employees that the longer it takes for us to get pay the subcontractors the more expensive that money is things start to pile up okay so here it is I'll supposed to get paid in 30 days I can pay those those vendors in 30 days and kind of back them down or at least get them down a little bit and then I can also take care of all my payroll that I actually put out but now you take your longer to pay me now vendors timeline or ending up right and I may after certain amount of time now you get that one and a half feet tacked on to your bill after you're late after certain amount of time that's additional money I didn't I didn't account for me yeah so now so so to avoid that you really need to call you need to find out who's issuing your check and you need to call you need to send them their proper paperwork once you send them the proper paperwork because you have already filed a preliminary knows then you need to have and you need to make sure they understand that you need to get paid okay all right so let's go to the next one here so we talked about doing unconditional waiver the un-- we're doing the unconditional waiver and we went over that and then there is a conditional waiver release on final payment okay good there's no way to release on final payment and basically the same information here okay once you get to doing this this is you know you got no claims and then you leave this blank okay you got any Dane's that's old here then you'll put that in there any extra work that you may have done and at the last minute and then you add that there okay so you make sure you file your paperwork that's it you know that's really it and I think on the next video I'll cover Oh once you get that back that unconditional waiver and release upon progress payment being your father unconditional waiver and release I'm sorry once you file a conditional release on final payment then you'll follow unconditional waiver and release on final payment once you have received that Peyton okay one is to receive payment and one is after you and you have received payment so do not file an unconditional if you have not received the payment only time your father unconditional if you're just hey well you're handing me a check and I'm handing you this okay there's some transactions here where you you gotta send that request then get a check me you send that paperwork back didn't I what you do please do not file the unconditional if you haven't received anything okay you put yourself enough and the legal bind okay so you have to understand that so that's what I want to cover there okay now on the next video I also talk I'll get in there talking about the prelim I talked about some timelines as well and then we'll get into how to actually perfect a link okay what are the steps to perfect the lien in case you actually have to perfect a lien on someone okay and then I'm gonna have to do one separately for residential and public works okay and I'll do two separate videos on that so that's what's coming next enjoys you my enjoy I enjoy you watching my construction entrepreneurs remember if you like this video it was really helpful subscribe hit the subscribe button I'm trying to get to 2,000 subscribers I'm a long way from it okay so tell friends make sure you share this video so they can subscribe and let me know what else videos you want me to do let me know down in the comments if there are some videos you would like to see me do let me know there's some information you would like to me to do a video let me know okay I appreciate everyone else that have reached out to me for information hopefully I got you some information that's that's helpful then you continue to watch my videos I appreciate you guys take care and remember hustle hard Dan hustle harder see you on the next one my construction entrepreneurs