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Construction glossary
Construction Glossary •

Final Lien Waiver

What is a Final Lien Waiver?

A final lien waiver is a legal document that serves as a formal release of a contractor’s or subcontractor’s rights to file a lien against a property owner or project after they’ve received full payment for their work. Its primary purpose is to provide assurance to the property owner, developer, and/or GC that no future claims or liens will be filed once the final payment has been made.

In the construction industry, subcontractors and material suppliers have the legal right to file a lien against a property if they have not been paid for their services or materials supplied. This lien acts as a security interest in the property, preventing the owner from selling or refinancing until the debt is settled. By signing a final lien waiver, the subcontractor or supplier acknowledges that they have received full payment and relinquishes the right to file a lien in the future.

For subcontracting businesses, obtaining final lien waivers from their lower-tier subcontractors and suppliers is crucial for these same reasons. It protects them from potential claims or liens that could arise after they’ve paid their lower-tier subcontractors in full. Failure to secure these lien waivers can expose subcontractors to legal and financial risks, as they may be held responsible for any unpaid debts owed to their lower-tier subcontractors or suppliers.

Overall, final lien waivers provide essential protection and peace of mind for all parties involved in a construction project, ensuring that all work has been satisfactorily compensated and preventing future disputes over payment.

Solutions like Siteline streamline the lien waiver process for subcontractors by:

  • Automating collection from lower-tier subcontractors and suppliers;
  • Providing a centralized view of lien waiver statuses across all projects; and
  • Generating lien waivers (conditional or unconditional, progress or final) to submit to general contractors.

As such, Siteline helps enhance efficiency, mitigate risks, and enables subcontractors to focus on core operations while ensuring compliance and protecting against potential legal or financial complications that could arise from incomplete or missing lien waivers.

Request a demo of Siteline today to experience these benefits firsthand!

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Other construction terms

Underbillings

What is Underbilling?

Underbilling refers to a scenario in the construction industry where the actual costs incurred on a project surpass the billed amount for a specific time period. Often occurring unintentionally due to unexpected cost variations, it results in a deficit situation for the contractor. It is essentially an imbalance where the contractor has delivered more work or materials than they have billed the client for. Underbilling can strain cash flow and disrupt project schedules if not addressed promptly. While this might prove beneficial to the client in the short term, contractors need to ensure that they identify and rectify underbilling to maintain project profitability and financial stability.

Performance Bond

What is a Performance Bond?

A Performance Bond is a type of surety bond issued by an insurance company or a bank to guarantee satisfactory completion of a project by a contractor. In the construction industry, a Performance Bond is often required to protect the client if the contractor fails to complete the contract or does not meet the agreed standards or time frame in performing the project. It is essentially a safeguard tool that ensures the project owner will not incur financial loss due to the contractor's inability to fulfill the contract. This bond provides assurance that the contractor has the necessary resources and competencies to execute the project according to the stipulated terms.

Overbillings

What is Overbilling?

Overbilling (or billing in excess of costs) occurs when you’ve invoiced your client for more work than you’ve actually completed or incurred costs for. In other words, it represents getting paid ahead of your work schedule.

Here’s how it works: If you’re a concrete subcontractor on a $100,000 job and you bill 50% upfront ($50,000) but have only completed $30,000 worth of work, that $20,000 difference is your billings in excess of costs. You owe your client that work, and until you complete it, that $20,000 remains as a liability on your balance sheet.

For subcontractors, understanding billing in excess of costs is essential because it can be a strategic cash flow tool when used carefully. For example, when bidding on a job, you can be smart about how you structure your schedule of values (SOV)—breaking work down into more detailed line items that allow earlier billing. However, this strategy requires regular monitoring to ensure:

  • Your billing somewhat aligns with your actual percentage complete, and 
  • The remaining contract value will still cover your remaining costs.

The biggest risk of overbilling is thinking your margins look better than they are, simply because you’re collecting cash faster. Surety companies and lenders also scrutinize overbillings closely, as excessive amounts can signal poor project management or potential cash flow problems down the road.

With Siteline, you can easily track whether you’re billing in excess of your costs by pulling your month-to-month incurred costs and comparing them against your billing progress. This real-time visibility helps ensure you’re billing appropriately while maintaining realistic profitability expectations. If you’re interested in seeing for yourself, schedule a personalized demo of Siteline here.

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