What are Lien Waivers?

I was talking to my UPS deliveryman who had an addition put on his house 5 years ago.

The building contractor’s framer sent him a certified pre-lien notice in the mail so he call the contractor to find out why he had received this in the mail.

The contractor said to him that the building contractor’s lien waiver supercedes all lien weavers of the subcontractors.

Needles to say he had to pay the contractor and then he had to pay some of the contractors that the contractor did not pay.

The electrical contractor came over to his house a month and a 1/2 after he was done and asked him to sign a statement; the statement was a contract that was backdated 2 months earlier, because the building contract did not pay for work rendered. So the homeowner paid twice.

Concerning Lien Waivers: According to Minnesota law, Minnesota statute 514.011 must be included in all written construction contracts. The notice must be written in 10 point bold type and contain the precise language of the statute. The statute is as follows;
Statute 514.011 NOTICE

(A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS.
(B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.

By building to code will it bring that what we desire?

The code is a weak attempt by the government for Social engineering, designed to level the playing field so no one family has all the wealth.

Definition-A system of accepted laws and regulations that govern procedure or behavior in particular circumstances or within a particular profession.

In other words a line has been drawn in the sand by the government stating that the builders will not drop below a minimum standard when building a project.

Example; With the code enforced we see 2 different types of building being built 1 that will lasts 150-200 years and another that will fall a part after 50 years.

You say no way well look at any commercial buildings the only difference is fire protection (sprinklers are required), verses houses.

The code is the minimum a builder must meet the minimum requirements. Look at a car it has 4 wheels 2 seats and a steering wheel, O and breaks.

The people of this world won’t put up with that for a car, but they do with their houses.

Poorly constructed foundations, weak lumber, now plastic water pipes, etc… and with some of the high air pollution in side these houses.

Look at Europe the house over there last 200 and up to 400 years and older.

Looking back I believe the building code (minimum) is set way to low.

Money and a fool is one big party.

Choosing a contractor according to the lowest price, is like a fox guarding the hen house. Having a poorly designed plan by an architect or even a draftsman only increases tensions and creating an adversarial relationship between the owner and the builder.

O the builder will do their “part” in the construction of the project, but won’t care that the project does/doesn’t get done time, or care to make the job flow for subcontractors on the job.

Remember this type of builder is already looking for another job, and yours is not even under way, it’s like a notch in his belt that he landed your job.

This type of builder doesn’t care the whys, where’s, who’s, when and/or for what purpose this project is even being done, he doesn’t have your vision or feel as to what you want to achieve.

Think about who you are aliening yourself with the relationship you start up now shall be set forth into the future for 10+ years.

You don’t know the building industry that is why you hired a contractor.

If you only pay the minimum remember that is all he himself has always done the minimum of studying in the industry and his work will show it.

Why don’t good contractors take on small jobs?

There is no money in a small job. The contractor has to bring in 450.00 on the low end and above 600.00 per day to meet his budget.

Office overhead; Secretarial services, Bidding services, Office building expense, business insurance, Licenses, as wells as auto, service and fuel.
For these contractors to come over for a half day is asking them to pay 300.00 to fix your home repair. Continue reading