Legal Question in Business Law in Illinois
I found out today one of the subcontractors on our 2009 kitchen remodel was not paid. We asked the the contractor for a lien waiver from all the subcontracts. We did receive them, but I was told today they were forged. I looked and also notice they were not notarized. The subcontractor would like us to make a copy of the lien waiver with his partners forged signature and send him the original. What should I do?
1 Answer from Attorneys
Have an attorney review the waivers (general and sub's). Ordinarily it is the general contractor's obligation to supply all the waivers in order to obtain payment, so the first line of relationship is with the general, and the general should protect you from the subs. In today's world, however, generals come and go more frequently than the tides. So let an attorney give the waivers a full and proper review; they may be valid, they may be defective. Then decide. A title company may be willing to do the lien waiver examination for you, but there may be a charge and at the end of the examination you may still need to involve an attorney who will want to review them again.
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