Unconditional Waiver and Release Upon Progress of Payment CIVIL CODE 3262D2

[WayneTeK]

http://www.cslb.ca.gov/forms/LienReleaseForms.asp#UnCondWaiverProgress

Ok, so i'm doing something for my dad and we own a business. One of our clients gave us this form and told us to sign it and return it. However, the only part i'm having a hard time is with YOUR CUSTOMER and OWNER.

Would this be in the perspective of the CLIENT or US?

*So if it's in the view of the CLIENT, YOUR CUSTOMER = us, and the OWNER would be PEPSI.

or

*If it's in the view of US (OWNER), YOUR CUSTOMER = PEPSI who gave us the form, and OWNER = would be us.

 

[jjones]

No. The customer would be Pepsi. The owner would be the owner of the project where the materials were furnished. If this was Pepsi, then again it would be Pepsi.

Most of those are for subcontract work or contract work. Example: You do subcontract work for a contractor called Big Contractor who is doing a project and the work is for the City of Whatever. The customer would be Big Contractor and the Owner would be City of Whatever.

This just insures to the City of Whatever that you have been paid by Big Contractor and won't be filing any liens on the project.

 

[WayneTeK]

Originally posted by: jjones
No. The customer would be Pepsi. The owner would be the owner of the project where the materials were furnished. If this was Pepsi, then again it would be Pepsi.

Most of those are for subcontract work or contract work. Example: You do subcontract work for a contractor called Big Contractor who is doing a project and the work is for the City of Whatever. The customer would be Big Contractor and the Owner would be City of Whatever.

wow, thanks a billion.!

 

[jjones]

No problem. Be sure that if the customer is a subsidiary of Pepsi, that you get their name right and that you get the owner's name right (they may not necessarily be the same, ask whomever you provide the labor or materials to if you're unsure) and that in the job description you include the name of the project as well as its address.

 

[WayneTeK]

Originally posted by: jjones
No problem. Be sure that if the customer is a subsidiary of Pepsi, that you get their name right and that you get the owner's name right (they may not necessarily be the same, ask whomever you provide the labor or materials to if you're unsure) and that in the job description you include the name of the project as well as its address.

wait a moment.. wouldn't the OWNER be us? My dad has a painting company, so in the owner area, i would write down HIS name?

 

[jjones]

No, the owner is always the owner of the project, not the business owner who supplied labor or materials.

Edit: I'm assuming you did some painting work or provided paint materials to Pepsi on a project. The only thing the waiver is for is to assure to the owner of the project that you have been paid for teh labor and/or materials supplied to the project by you. This assures the owner that you have been paid for this and that you have given up rights to a lien on the project for non-payment.

If you're unsure about who the owner is, call the person who is asking for the waiver and request who should be put in the form as the owner. But don't ask him if it's supposed to be your dad because that will make you look inexperienced with this sort of thing; it's not your dad, trust me. It's okay to ask who the owner should be because it's not always clear on a project just who that is.

 

[WayneTeK]

Originally posted by: jjones
No, the owner is always the owner of the project, not the business owner who supplied labor or materials.

Edit: I'm assuming you did some painting work or provided paint materials to Pepsi on a project. The only thing the waiver is for is to assure to the owner of the project that you have been paid for teh labor and/or materials supplied to the project by you. This assures the owner that you have been paid for this and that you have given up rights to a lien on the project for non-payment.

If you're unsure about who the owner is, call the person who is asking for the waiver and request who should be put in the form as the owner. But don't ask him if it's supposed to be your dad because that will make you look inexperienced with this sort of thing; it's not your dad, trust me. It's okay to ask who the owner should be because it's not always clear on a project just who that is.

PM.. please check it. thxn!