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Unconditional Lien Waiver
What is an Unconditional Lien Waiver?
An Unconditional Lien Waiver in the construction industry is a signed document from a contractor, subcontractor, materials supplier, laborer, or other party involved in a construction project, which gives up their right to place a lien on the property unconditionally, typically after they have received full or partial payment for their work or materials. It serves as a guarantee to the property owner that they will not face a lien, or legal claim against their property, for this party's unpaid work or supplies, regardless of whether the party is subsequently paid in full or not.
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Other construction terms
What is Cost Plus Billing?
Cost Plus Billing in the construction industry refers to a method where the customer agrees to cover the actual costs, expenses and other direct costs of the construction project plus an additional sum for contractor’s overhead and profit. These typically include costs of materials, labor, and subcontractor charges. The agreement clearly establishes and defines what is constituted as cost, the overhead percentage, and the profit percentage, reducing the risk of any surprise costs. Essentially, the 'Cost' represents the direct costs of the construction, while the 'Plus' is the contractor's fee and is usually agreed upon as a fixed percentage of the total costs or as a target price with a shared savings clause.
What are Liquidated Damages?
Liquidated damages in the construction industry are a pre-agreed sum specified in a construction contract, which the contractor will pay to the client in the event of a breach of contract, typically when there are delays in completion. This contract clause serves as a protection mechanism for the client, giving an estimate of the potential loss they might incur due to the delay. However, liquidated damages must be a genuine pre-estimate of loss, not a penalty. They are not intended to be a punishment, but a compensation for the client's actual anticipated loss. This approach mitigates the risks and provides predictability for both parties in a construction project. One party cannot claim more than the contracted liquidated damages. They bring certainty to the potentially complex process of calculating actual damages in construction delays, thus fostering an efficient dispute resolution.
What is a Lien?
A lien, particularly in the construction industry, is a legal claim or right that a contractor, sub-contractor, or supplier places on a property at which they have rendered services or supplied materials, but haven't been paid. Essentially, it's a security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. If the property owner does not fulfill the financial obligation, the lien holder may seek legal action to enforce their rights and might even result in the compulsory selling of the property to pay off the debt. Liens are crucial elements in construction law, ensuring parties are fairly compensated for their work and supplies provided.
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