PPI Watch List

CONTRACTOR FRAUD ALERT JOE HUMMEL, ILLEGAL APPOINTEE TO NAMFS BOARD, DEFRAUDS PA CONTRACTOR. NOW WORKING FOR INTEGRATED SERVICES, IN ADDITION HAS FIDUCIARY CRIMES FRAUD ALERT issued for WVAMREO & KI Preservations Jay Goscinski and Michigan Realty Solutions RON STALEY, VERDE BUILDING SOLUTIONS, REFUSES TO PAY CONTRACTORS. ALL COMPANIES ARE ORDER MILLS...JUST SAY NO TO OM If you have non-payment issues contact iafst.org and make a complaint... ALERTA DE FRAUDE CONTRATISTA JOE HUMMEL, nombrada ILEGAL NAMFS BOARD, defrauda PA CONTRATISTA. EMPRESA DE TRABAJO DE LOS SERVICIOS INTEGRADOS, ADEMAS CUENTA CON DELITOS FIDUCIARIOS ALERTA DE FRAUDE emitido para WVAMREO y KI Preservations Soluciones Jay Goscinski y Michigan Realty RON STALEY, SOLUCIONES DE CONSTRUCCIÓN VERDE, SE NIEGA A PAGAR CONTRATISTAS. TODAS LAS EMPRESAS SON PARA MOLINOS ... APENAS DIGA NO A OM Si usted tiene problemas de la falta de pago en contacto iafst.org y presentar una queja ...

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Today…for some a tough time of remembering…for others…

Simply a day to BBQ and ring in the Summer…

imagesvets

Today is Memorial Day, the day we remember those that gave some and the some that gave all. However, before I talk about that subject matter, and thank those that have represented this country in a manner that deserves the ultimate respect from everyone like me that have been gifted with opportunities.  Let me tell you some of the articles you can expect to see here on Aladay LLC .com.

With all the fraud that runs so rampant I have signed up for some classes on credit collections. I will be bringing this information to you via the printed media and of course should you need a consultation I will have a little more in the arsenal to work with.

So Just what is Memorial Day and how did this day of remembrance come about???

Memorial Day History

Three years after the Civil War ended, on May 5, 1868, the head of an organization of Union veterans — the Grand Army of the Republic (GAR) — established Decoration Day as a time for the nation to decorate the graves of the war dead with flowers. Maj. Gen. John A. Logan declared that Decoration Day should be observed on May 30. It is believed that date was chosen because flowers would be in bloom all over the country.

The first large observance was held that year at Arlington National Cemetery, across the Potomac River from Washington, D.C.

The ceremonies centered around the mourning-draped veranda of the Arlington mansion, once the home of Gen. Robert E. Lee. Various Washington officials, including Gen. and Mrs. Ulysses S. Grant, presided over the ceremonies. After speeches, children from the Soldiers’ and Sailors’ Orphan Home and members of the GAR made their way through the cemetery, strewing flowers on both Union and Confederate graves, reciting prayers and singing hymns.

Local Observances Claim To Be First Local springtime tributes to the Civil War dead already had been held in various places. One of the first occurred in Columbus, Miss., April 25, 1866, when a group of women visited a cemetery to decorate the graves of Confederate soldiers who had fallen in battle at Shiloh. Nearby were the graves of Union soldiers, neglected because they were the enemy. Disturbed at the sight of the bare graves, the women placed some of their flowers on those graves, as well.

Today, cities in the North and the South claim to be the birthplace of Memorial Day in 1866. Both Macon and Columbus, Ga., claim the title, as well as Richmond, Va. The village of Boalsburg, Pa., claims it began there two years earlier. A stone in a Carbondale, Ill., cemetery carries the statement that the first Decoration Day ceremony took place there on April 29, 1866. Carbondale was the wartime home of Gen. Logan. Approximately 25 places have been named in connection with the origin of Memorial Day, many of them in the South where most of the war dead were buried.

Official Birthplace Declared In 1966, Congress and President Lyndon Johnson declared Waterloo, N.Y., the “birthplace” of Memorial Day. There, a ceremony on May 5, 1866, honored local veterans who had fought in the Civil War. Businesses closed and residents flew flags at half-staff. Supporters of Waterloo’s claim say earlier observances in other places were either informal, not community-wide or one-time events.

By the end of the 19th century, Memorial Day ceremonies were being held on May 30 throughout the nation. State legislatures passed proclamations designating the day, and the Army and Navy adopted regulations for proper observance at their facilities.

It was not until after World War I, however, that the day was expanded to honor those who have died in all American wars. In 1971, Memorial Day was declared a national holiday by an act of Congress, though it is still often called Decoration Day. It was then also placed on the last Monday in May, as were some other federal holidays.

Some States Have Confederate Observances Many Southern states also have their own days for honoring the Confederate dead. Mississippi celebrates Confederate Memorial Day on the last Monday of April, Alabama on the fourth Monday of April, and Georgia on April 26. North and South Carolina observe it on May 10, Louisiana on June 3 and Tennessee calls that date Confederate Decoration Day. Texas celebrates Confederate Heroes Day January 19 and Virginia calls the last Monday in May Confederate Memorial Day.

Gen. Logan’s order for his posts to decorate graves in 1868 “with the choicest flowers of springtime” urged: “We should guard their graves with sacred vigilance. … Let pleasant paths invite the coming and going of reverent visitors and fond mourners. Let no neglect, no ravages of time, testify to the present or to the coming generations that we have forgotten as a people the cost of a free and undivided republic.”

The crowd attending the first Memorial Day ceremony at Arlington National Cemetery was approximately the same size as those that attend today’s observance, about 5,000 people. Then, as now, small American flags were placed on each grave — a tradition followed at many national cemeteries today. In recent years, the custom has grown in many families to decorate the graves of all departed loved ones.

The origins of special services to honor those who die in war can be found in antiquity. The Athenian leader Pericles offered a tribute to the fallen heroes of the Peloponnesian War over 24 centuries ago that could be applied today to the 1.1 million Americans who have died in the nation’s wars: “Not only are they commemorated by columns and inscriptions, but there dwells also an unwritten memorial of them, graven not on stone but in the hearts of men.”

To ensure the sacrifices of America ’s fallen heroes are never forgotten, in December 2000, the U.S. Congress passed and the president signed into law “The National Moment of Remembrance Act,” P.L. 106-579, creating the White House Commission on the National Moment of Remembrance. The commission’s charter is to “encourage the people of the United States to give something back to their country, which provides them so much freedom and opportunity” by encouraging and coordinating commemorations in the United States of Memorial Day and the National Moment of Remembrance.

The National Moment of Remembrance encourages all Americans to pause wherever they are at 3 p.m. local time on Memorial Day for a minute of silence to remember and honor those who have died in service to the nation. As Moment of Remembrance founder Carmella LaSpada states: “It’s a way we can all help put the memorial back in Memorial Day.”

 

In closing….

To those that gave some and the some that gave all…On behalf of all of us here at Aladay LLC; Thank you for protecting our liberties.

Enjoy the rest of the Weekend folks….

Be sure to tune in to Military Matters with your Host Dennis Romeo on America Matters Radio Network…Tuesdays from 11am to 12 pm.

Sources: Department of Veteran Affairs, Office of Public and Intergovernmental Affairs

Images courtesy Google Images

Written/Prepared by: Aaron Aveiro

 

The 4 Types of Lien Waivers…..AND WHEN TO USE THEM

Another edition of waivers…Today we talk about the 4 types of lien waivers….

Contact us today for your consultation.

Contact us today for your consultation.

 

In this edition of Lien Waivers we will discuss the four types of lien waivers and how they are used….

Partial Conditional….Partial Unconditional….Final Conditional….Final Unconditional.

Knowing the proper way to use these types of lien waivers can be very critical to you getting an award from the courts in you ability to collect on monies owed to you and your company.

Lien waivers are one of the most frequently-exchanged documents in the construction industry. This is because a waiver is almost always required when payment is made. As such, many are willing to skim over the document they’re signing, without fully understanding it, in order to obtain payment. The problem is that signing a “bad” lienwaiver can have dire consequences. You’ll find everything you ever wanted to know about these documents in our Ultimate Guide to Lien Waivers. For those who don’t have time for a 5,500-word discourse on the subject, this simple guide to the four types of lien waivers will set out the basics of what you need to know.

What Is a Lien Waiver?

A lien waiver is a document exchanged by two parties on a construction project—one making payment, and the other receiving payment—which states that one party (the one receiving payment) is giving up their right to file a lien on the property they’ve worked on for the amount of money stated in the waiver. A waiver is supposed to function like a receipt. If a subcontractor is paid $10,000, that subcontractor waives $10,000 in lien rights (i.e. they give up their ability to file a lien for that $10,000).

There are four basic types of waivers, arrived at by combining two variables:

(1) The stage of payment: progress payment or final payment;

(2) The parameters of the waiver: conditional or unconditional.

Combining these yields the four waiver types:

1.Partial Conditional

2.Partial Unconditional

3.Final Conditional

4.Final Unconditional

Conditional Waivers

A conditional waiver waives the signor’s lien rights conditioned upon the occurrence of some other event (generally actual receipt of payment). The lien waiver, therefore, can be signed before payment is made (which provides the benefit of protecting against double payment), but is ineffective until payment is received (which provides the benefit of not waiving lien rights prior to payment). This type of waiver is immediately effective when the payment is made

1. PARTIAL CONDITIONAL

A conditional waiver for progress/partial payment should be used by parties making and receiving progress payments, when future payments for the same project are expected, but the parties wish to waive lien rights for the amount of money in the progress payment. Partial conditional waivers are only valid when the “condition” in the waiver (typically, payment being made) is satisfied.

2.FINAL CONDITIONAL

A final conditional waiver should be used when no further payments are expected for your work on the project. Final conditional waivers are only valid when the “condition” in the waiver (typically, payment being made) is satisfied.

Unconditional Waivers

Unconditional waivers are effective immediately upon signing (with very few exceptions), whether or not payment is made. As such, they have the potential for significant and undesired consequences to those that would be receiving payment. Unconditional waivers should only be used after a payment has been received.

It is especially important to review the contents of an unconditional waiver, because the language used in the document (e.g. the sum of money listed) is more legally relevant than the actual exchange that takes place. For example. if you receive $5,000 but the waiver says you have received and are waiving $10,000, then you will be waiving $10,000.

3.PARTIAL UNCONDITIONAL

Like the partial conditional waiver, a partial unconditional waiver should be used for progress payments, when the party receiving payment expects future payment on the same job. This waiver will be effective as soon at is is signed. Partial conditional waivers should only be signed after payment has been received, and if the sum in the waiver reflects the sum of payment.

4.FINAL UNCONDITIONAL

A final unconditional waiver is to be used after a party’s final payment for a job has been received, when no further payment is expected. This waiver will be effective immediately after it is signed, and therefore should only be signed after payment has been received, and if the sum in the waiver reflects the sum of payment.

Statutory Lien Waiver Forms

12 states in the country set forth specific lien waiver forms that must be used. (Think, for example, of a marriage license. You can’t create your own marriage license, you have to use the one that the government provides.) These 12 states are: Arizona, California, Florida, Georgia, Nevada, Massachusetts, Michigan, Mississippi, Missouri, Texas, Utah, Wyoming.

In the other 38 states, it is up to the parties making the exchange to select and/or draft their own lien waivers.

Clauses That Waive More Than Lien Rights

In the 38 states without statutory forms, it’s easy for the person drafting the waiver to add extra language that would sign away more than just your lien rights, either because they are confused about the purpose of the document, or for more suspect reasons. Specifically, look out for clauses that would waive claims to retainage, change orders, or other work; or that attempt to waive contractual rights (e.g. liquidated damages); or that add a requirement for an attestation or guarantee that would make you personally liable.

Would you like a demo??? Contact Z-Lien today

admin-7

Scott Wolfe Jr. is the CEO of zlien, a company that provides software and services to help building material supply and construction companies reduce their credit risk and default receivables through the management of mechanics lien and bond claim compliance. He is also the founding author of the Construction Finance Journal, a leading online publication about liens, security instruments and getting paid on every account. Scott is a licensed attorney in six states with extensive experience in corporate credit management and collections law, with a specific emphasis on utilizing mechanic liens, UCC filings and other security instruments to protect and manage receivables. You can connect with him via Twitter, LinkedIn and Google+.

Soil Health and Compost Forum…Tuesday, May 26, 6pm, at the CVIC Hall in Minden,

For immediate release: May 22, 2015…oh yeah BTW…it’s a free class….so come get your dirt on….

Contact us today for your consultation.

Contact us today for your consultation.

CVIC Hall, 1604 Esmeralda Ave.,

Minden, from 6-8pm

Free Program…No Registration Required.

 

Minden, Nev. – Drought and a short growing season are factors that challenge agriculture production in the Carson Valley. But successful growers know that soil condition is critical to plant life and soil health is within our realm of control. Before one asks what grows here or what are suitable alternative crops one should concentrate on the health of the plant growth medium – the soil. The Agriculture Innovation Forum for Tuesday, May 26, 6pm, at the CVIC Hall in Minden, will feature Chris Savastio, Soil Scientist, Natural Resources Conservation Service, and Craig Witt, owner of Full Circle Compost. Chris will discuss soil health basics and the effects of excessive tillage.

Craig will explain that all composts are not created equal and how to make the most from compost application to your fields, yard and gardens. And as a bonus, Craig will have rare heirloom (Love Apple) tomato plants for all attendees. Chris and Craig bring excitement and enthusiasm to a typically mundane topic – one that only the serious ag producers understand to be vitally important.

The Agriculture Innovation Forum Series is designed to provide practical information and know-how for agricultural producers and small acreage owners to optimize their land use potential and maintain agricultural open space in Carson Valley. It is held the last Tuesday of the month. The AIFS is intended to be an open dialogue format allowing attendees ample opportunity to ask questions and learn. The Series is held at the CVIC Hall, 1604 Esmeralda Ave., Minden, from 6-8pm. This is a free program and no registration is required.

For more information on the May 26th forum on Soil Health and Benefits of Compost, please contact:

Steve Lewis,  Extension Educator with the University of Nevada Cooperative Extension at 782-9960.

University of Nevada Cooperative Extension is the College of the University of Nevada, Reno that is engaged in every Nevada county, presenting research-based knowledge to address critical community needs. It is a county-state-federal partnership providing practical education to people, businesses and communities. For more information on its programs, visit www.unce.unr.edu. Founded in 1874 as Nevada’s land-grant university, the University of Nevada, Reno ranks in the top tier of best national universities. With nearly 19,000 students, the University is driven to contribute a culture of student success, world-improving research and outreach that enhances communities and business. Part of the Nevada System of Higher Education, the University has the system’s largest research program and is home to the state’s medical school. With outreach and education programs in all Nevada counties and home to one of the largest study-abroad consortiums, the University extends across the state and around the world. For more information, visit www.unr.edu.

Contact: Steven R. Lewis
Extension Educator
P.O. Box 338
Minden, NV 89423
775-782-9960
775-782-9968 fax

lewiss@unce.unr.edu

Please feel free to share this on your favorite social media platform….

 

Hey Until Next Time….

Happy Gardening….

Business 101: Mom & Pop Shops…

Some Pitfalls to watch for

Contact us today for your consultation.

Contact us today for your consultation.

 

One of the type of businesses in the PPI is called the “Mom & Pop” Shop many times these Mom & Pop Shops are a Family Business. Over the years I have had my firsthand experience with Family Businesses. My father was always in Business for himself and I always helped out. One thing I always remember was no matter how bad a day his business had he always paid me..or my Brother, for that matter whomever worked for him. My father passed a trait on to me or perhaps I just observed and did the Monkey see Monkey do thing. If you can’t compartmentalize when it comes to The family business you may fall into some go nowhere traps unintentionally.

Bet most everyone walking the planet has heard;

This will all be yours when I die…Little morbid I know, but the reality of family businesses is just that. Many times parents forget about actually passing on the more intricate portions of a business. For example;

Most of the times decisions run through the family hierarchy…or Mom & Pop…Then as time goes on you may be made the Senior Vice President of Quality Control, yet all QC decisions go through Mom & Pop..Seriously you have a title with no authority. Easy solutions here would be for the senior generation to actually coach the junior generating in how to develop QC procedures that will adapt to changing markets and needs of clients, then move the junior generation to another department in order to seriously learn the business.

The Trap here is No Where to go because the senior and junior generations are not communicating with each other…

In addition…As the one on the receiving end of that… This will all be…conversation far too many times…that is a definite thing and no one really wants to have anything when it means your death…I know I really didn’t want anything if it meant my Father was going to die.

This where exit strategies come into play.

If you are in the Mom & Pop Role do you have a retirement plan? You are paying yourself right??? Have you had discussions on when you will ease out of day to day operations and start relinquishing the reins to the junior generation?

Remember this…just because you have a family business…does not equate to not needing a business plan, and remember a plan is just an outline to the future, stuff happens and plans change. However having a plan allows goals to be set and reached.

No room to move
When a generation doesn’t move aside or create opportunities for the next generation there most likely will be conflict. An example of this would be a farmer or business owner that built a successful operation and but shows no inclination or plan to step aside, until death. A younger generation that must wait until the death of the patriarch in order to have autonomous control and the ability to make major decisions is a troubling sign. Having the senior generation say “Someday this will all be yours,” is fine but no one wants to wait until they are sixty years old in order to take over the family business. Other signs the senior generation is keeping too tight a grip on the reins of control include:

  • Running all decisions through Dad (or Mom)
  • Fancy titles but no real decision making/authority to go with it
  • Senior management undermining the junior generation direction by altering instructions given to other employees.

Role Confusion
As a business grows, structure is everyone’s friend. Think about it. Families that work together will at one time or at all times be boss, employee, shareholder, family and spouse. Those roles compete for your attentions and emotions. It was so much simpler when no one outside the family was involved but things have changed and the company has grown. Some warning signs around role confusion include
• Paying salaries to family that does not reflect the work done. This can be high or low.
• Not defining which decisions are made at the management level and which at the shareholder level.
• Not defining compensation and the reasons for the compensation. Is it a dividend, bonus or salary?
• Not having boundaries between roles of family, business, and ownership.

Boss Dad(Mom) 
Sons and daughters report to Dad, who is the boss, but that is all they ever do. But in some ways they are too close, even coddled. The next generation will never learn, explore, and gain confidence to run the company if they are forever under the protective shadow of Boss Dad. I am a big proponent of having the next generation of leaders earn their spurs outside of the protection of Boss Dad. This may involve working for another farmer or company for a period of time or working under a mid-level manager. When they have the experience and battle scars, the next generation can report directly to Boss Dad.

It’s All About the Money…Or Not
When the family business is all about money or all about family there could be problems. Let us tackle the “all about money” first. If there is an attitude the business “owes” them a lavish salary in order to fund and ever growing lifestyle; that may be trouble. If there is an attitude the company must hire family members, pay them a nice salary, pay nice dividends and provide other perks each year the business could suffer. Is the business to be managed for the long-term success or short-term rewards? The rewards of being an employee and shareholder should be commensurate with other non-family owned businesses.
It’s Not About Money. It’s About Family
A strong family is the secret sauce that make family owned businesses a driving force in commerce the world over. I know it sounds simplistic but you have to have a business to have a family business. Allowing dysfunctional or unqualified family members into the company just because they are family is a recipe for disaster. I am specifically talking about poor personal habits, addictions, and personalities that would keep the family member from gaining employment outside of the company. If they can’t get and hold a job outside of the company then they should not be let into the family business. Bad actors create too much drama and could ultimately kill the golden family business goose for everyone.

Too Many Lawyers
Lawyers are a necessary in the formation of a family business, estate planning and a myriad of other functions. However, if I meet with a family business and each family member has a lawyer present it is a sure sign the family business is in trouble. A family business and especially a family should have enough trust in each other to have general family and business meetings without legal counsel. When trust is broken and the members feel a need to “lawyer up” it keeps the family from being able to solve their own small problems and disagreements. Contrast that with a family that has a process in place to handle decision-making and disagreements, and lawyers play a minor role. Having good communication and decision making process goes a long way towards keeping the lawyers out of the family business.

Airing Family Laundry
There is nothing wrong with family members each having trusted confidants and advisors. But when the word gets around town on family issues then something is wrong. Your business partners and family should be privy to much more information than ever makes it to the coffee shop or social media. Private family business should remain just that; private. Divulging too much information to people can create a situation where business owners and managers are lobbied to make a decision or refrain from making hard choices. The official term for this is called triangulation, which is where one party tries to influence a second party by going through a third party. A basic example of this is when one child tattles on another child in order to get Mom to rule in the favor of the tattletale. Adults can do this as well by enlisting friends, spouses and public opinion to make their case for them. Often the root cause of the trouble is lack of trust and communication to resolve conflicts.

As you can see this list above is by no means comprehensive, but you see elements of any of these symptoms in your family business you will do everyone a service by tackling the problem sooner rather than before it is too late.

 

Hope this helps……

 

Until Next Time

Happy Gardening

Lien Waivers: The 12 States With Statutory Forms

With so many hands in the cookie jar…can you place a lien in the PPI???

With the recent amount of phone calls I have been fielding in regards to lien and companies using what is classified as a “Forced Lien Waiver” which in most states is actually illegal and can not be enforced. I’m going to put out some information courtesy Zlien.

I have always maintained that the forced lien waivers in the PPI are illegal. Well I may be partially incorrect on this point. However, the manner that the lien waiver clause is placed on work orders…that said…YOU MUST.. understand your states Lien Laws if you are going to be a business owner.

Lien Laws are part of the education that the membership of NAMFS that is supervised on a daily basis by the Professional Crime Observer Eric Miller does not want Labor to know or even understand…if you do you can put the screws to the members that steal from Labor on a daily basis. Every PPI contractor/Emplactor MUST understand that the folks stealing your monies DO NOT own the property. The lender does. The lender pays those that are stealing from Labor. So when you place a lien, this starts to notify the lender that they have a problem with the first tier, second tier or in some cases the third tier order mill subbing the work out to you.

Your lien Lesson for today….Today we will look at the 12 with Statutory Lien Waiver Forms.

 

lien-waiver-states-map.001

From Zlien:

Lien waivers are routinely exchanged by parties on construction projects. Interestingly, however, there are only 12 states that set forth what must be on those lien waiver forms.  The above color-coded map of the United States identifies the states with specific statutory lien waiver form requirements, and this article explains the details about what this means for your company’s legal and financial risk.

12 States with Statutory Lien Waiver Forms Mean Business

It’s the minority rule in the United States that lien waiver forms are regulated, as only 12 states have mandatory waiver forms. However, for these 12 states (highlighted in blue in the above chart), the law is serious about its mandate.

First, when a state statute requires use of a statutory lien waiver form, the statute almost universally invalidates any document used by the parties that does not “substantially” conform to the law. When reading the term “substantially,” you might as well consider it to be “exactly.”  The courts will allow for some stylistic or formatting changes, but the parties will be unable to make any changes to the substance of the document.  The penalty of invalidating the waiver document as a whole is a pretty stiff penalty.

Second, many states build it into their laws that a lien waiver will be ineffective as a rule if payment was not exchanged in consideration of the waiver. This is the case in Georgia where O.C.G.A. 44-14-366(b) provides specifically:

Waiver not effective or enforceable unless: (1) It is pursuant to a waiver and release form duly executed by the claimant prescribed [in the statute]; and (2) The claimant has received payment for the claim.

Absent actual payment, therefore, the waiver is not effective, regardless of what the waiver document says.

All in all, lien waiver forms regulated by statute promote clarity between the parties.  And just for note, the states with regulated lien waiver forms are: Arizona, California, Florida, Georgia, Massachusetts, Michigan, Mississippi, Missouri, Nevada, Texas, Utah & Wyoming.

Are States Without Lien Wavier Forms the Wild, Wild West?

Subcontractors and suppliers have a huge problem when it comes to lien waivers: 38 states don’t have statutory waiver forms. The result of this is a legal wild, wild west, where lien waiver forms vary from general contractor-to-general contractor, or owner-to-owner, and you can bet that each are written to leverage legal rights in favor of the drafter.

Making a mistake or overlooking negative language within a lien waiver can be very expensive.

Take, for instance, a situation in Texas with Zachry Construction who lost over $10 million because of an easy-to-make lien waiver mistake (before Texas switched to statutory lien waiver).  A nearly identical thing happened to JH Larson Electrical Company in Minnesota (notice Minnesota does not have statutory waivers), when a court said this about the lien waiver:

[L]ien waivers are “customarily used on both public and private construction projects to keep the general contractor . . . informed of the payment status of subcontractors and suppliers and to protect the projects from . . . bond claims.” … these documents permit the court’s finding that [the claimant] never indicated amounts owing in the lien waivers it furnished …The evidence in the record, although not overwhelming, is sufficient to support the district court’s findings on the customs of the industry and reasonable reliance.

Very often, subcontractors and suppliers get a lien waiver document sent to them, and they wonder: Should we sign this lien waiver?  In the 39 states without statutory forms, this is a complex legal question. The forms are left to the whim of attorneys designing the document to maximize the GC’s or owner’s legal position. And you’re waiting anxiously for a payment…be careful.

Is There A Trend To Create Statutory Lien Waivers?  Is This Good?

Fortunately for subcontractors and suppliers, state legislatures are starting to see the forest for the trees with respect to lien waivers. There appears to be a trend towards passing legislation to regulate the form of lien waiver documents. This happened recently in California (January 2013) and Texas.  Further, in a separate article we’ll explore other states that are passing laws to prohibit lien rights getting waived before furnishing or before payment is received for furnishing (see recent law changes in North CarolinaMississippi, and Utah, for instance).

The reality in the construction marketplace is that general contractors and property owners will take any advantage they can get, and when it comes to lien waivers, they pad unregulated waivers with strong language that can rob subcontractors and suppliers of hard earned money.

If there is a trend in this direction, it’s a very good thing.

Lien waivers were never meant to be used as a leverage tool, or as any tool at all. If a party gains a legal advantage over someone on a construction project because of a lien waiver, then one party has taken advantage of the other. It’s that simple. These documents are designed to prevent abuses, not to act as a tool of abuse.

The reality in the construction marketplace is that general contractors and property owners will take any advantage they can get, and when it comes to lien waivers, they pad unregulated waivers with strong language that can rob subcontractors and suppliers of hard earned money. Getting more regulation from the 38 unregulated states is unfortunately necessary.

Generating a fair construction lien waiver is a critical moment for subcontractors and suppliers on a construction project. Unfortunately, all of the tools designed to assist in this process are designed with the general contractor or property owner in mind, and not the subcontractors and suppliers.  Not only is this a legal problem for those sub-tiers and suppliers, but it’s also adverse to the administrative burdens placed on companies by lien waivers. Subs and suppliers, after all, are the ones who generate a high volume of these waiver documents (not the generals).

Companies who let waivers fly on and off of their desks are going to get burned.

Companies who let waivers fly on and off of their desks are going to get burned. Intelligent management of this process is critical and it starts with reliance upon a set of forms that will be fair to your interests. These are the exact benefits provided by zlien’s new lien waiver module.

zlien ’s construction lien waiver module enables companies to generate an unlimited number of waivers for any project. Users have control over a waiver’s content and the platform keeps track of all waivers created and sent for a project.

Other features of the construction lien waiver manager include:

  • Electronically sign lien waivers to avoid generating, printing, and scanning steps

  • Email lien waivers to other parties directly within the interface

  • Attorney drafted explanations for every lien waiver to help users understand implications of the forms

  • Conditional Final, Conditional Progress, Unconditional Final, and Unconditional Progress waivers available in every state

  • Includes statutory forms mandated in 12 States

  • Mechanics lien and bond claim deadlines calculated using Lien Waiver data

All of this is absolutely free.  Learn more by watching the video , or sign up for a free account and build waivers today.

About Scott Wolfe Jr

admin-7

Scott Wolfe Jr. is the CEO of zlien, a company that provides software and services to help building material supply and construction companies reduce their credit risk and default receivables through the management of mechanics lien and bond claim compliance. He is also the founding author of the Construction Finance Journal, a leading online publication about liens, security instruments and getting paid on every account. Scott is a licensed attorney in six states with extensive experience in corporate credit management and collections law, with a specific emphasis on utilizing mechanic liens, UCC filings and other security instruments to protect and manage receivables. You can connect with him via Twitter, LinkedIn and Google+.

HOT DOG AUCTION ITEM….

THIS NICKLE COIN FEED VIDEO POKER MACHINE WILL AVE YOU ON YOUR WAY TO CONVERTING YOUR GARAGE INTO A BAR!!!

 

 

Hey I’ll be on the radio in a few….

GOOD TIME AUCTIONS>>>>>>>>>>>>>>>>AND FAR BURGER!!!!!!!!!!!!!!!!!!!!!!

GRUB...MMMMMMMMMMMMMMMMMMMMMMMMMMM

GRUB…MMMMMMMMMMMMMMMMMMMMMMMMMMM

Until Next Time

Happy Gardening

Auction HotDOG item…..

The long awaited fountain Photos …well Video!!!!

 

 

Don’t forget FATBURGER………………..

GRUB...MMMMMMMMMMMMMMMMMMMMMMMMMMM

GRUB…MMMMMMMMMMMMMMMMMMMMMMMMMMM

 

 

 

 

 

And how could I not plug the fundraising specials?????

Togo Cup with the Famous Harold's Club or Bust Logo and the Kalua cup that will be given with beverages...

Togo Cup with the Famous Harold’s Club or Bust Logo and the Kalua cup that will be given with beverages…

 

 

Utill Next Time..

Happy Gardening…

Talk about violating every clause of a contract….

Gotta Love CraigsList Hacks…

This photo speaks for itself…

2015-05-13 17_19_36-Greenshot

 

How on earth has this guy complied?????

And WHAT may I ask has been complied with???

 

 

 

Richard Forness  an very dear friend of mine has a

message for you here

 

Until Next Time Folks

Happy Gardenin

AUCTION ITEMS…MAY 16, 2015 APPROACHES RAPIDLY…Today we appeal to the ….

Burners!!!! Are you a Burning Man participant???

Storage tanks

Storage tanks

Today we have numerous items from a donation for our fund raiser that cater to the Burners.

heavy duty dishes for traveling or camping...perfect dishes for Burning Man

heavy duty dishes for traveling or camping…perfect dishes for Burning Man

 

We have unbreakable dishes, Water Storage containers.

Three burner stove and oven

Three burner stove and oven

 

Of you have an old bus that you’ve been looking to convert…

Commode and Refrigerator

Commode and Refrigerator

 

 

hot water heater

hot water heater

 

Not only the Kitchen but the Bathroom Sink as well!!!!

Not only the Kitchen but the Bathroom Sink as well!!!!

 

well we have everything and the Kitchen sink for your vehicle….

legos

legos

 

Hey How about some Legos????

legos

legos

 

about 5,000 pieces including the…

 

Bat Mobil Legos

Bat Mobil Legos

Bat Mobile and Pirates of the Caribbean…

 

 

 

 

 

 

That’s all for now folks lunch is over!!!! more later with Auto Parts section Many NEW ford parts and gasket kits….

 

Until Next Time

Happy Gardening!!!

Leafy Vegetables Promote Healthy Blood

Healthy Blood is something we all should consider…The good news…it’s not difficult to accomplish……Amazing what a good diet can do for your health…

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Nitrogen, a chemical found in green leafy vegetables, plays a major role in delivering oxygen throughout the body by influencing blood thickness.  A steady intake of nitrogen improves the body’s oxygen delivery system.  As a result, the thickness of blood is reduced, lessening a person’s chances of developing blood clots, a major risk factor for cardiovascular disease, stroke and heart attacks.

Did you know that about 600,000 people die of cardiovascular disease every year in the United States?  That’s 1 in every 4 deaths. Cardiovascular diseases are a group of illnesses that includes heart attack, stroke, heart failure, arrhythmia and heart valve problems. This group of diseases is potentially life threatening, but the good news is you have the power to increase or decrease your risk of developing cardiovascular diseases by adjusting simple decisions you make every single day. The Centers for Disease Control and Prevention suggests that those looking to protect their heart against cardiovascular disease should eat a healthy diet that is:
Low in salt

  • Low in salt
  • Low in total fat, saturated fat, and cholesterol
  • Rich in fruits and vegetables

Researchers studying cardiovascular disease conduct studies to determine how individual chemicals within fruits and veggies help protect your heart. Recently they discovered that dietary nitrates, found in dark leafy greens like spinach, kale and collard greens, reduce the production of erythropoietin, a hormone produced by the kidneys and liver. Erythropoietin’s main role in the body is to create and protect red blood cells. This hormone is crucial in helping to make sure the body has the right amount of oxygen.

Cardiovascular disease causes an overproduction of red blood cells due to hypoxia, also known as oxygen starvation. When your body’s tissues are not getting enough oxygen, more erythropoietin is secreted, which in turn increases the production of red blood cells. As a result, the blood begins to thicken. While an increased amount of red blood cells may sound beneficial because of the increased amount of oxygen in the blood, this is not the case. Thick blood may carry more oxygen, but the thickness makes it more difficult for the blood to pass through small blood vessels, which ultimately continues to prevent tissues and organs from getting the oxygen they need.

Findings such as this further help solidify the importance of including a wide range of fruits and vegetables in your diet every day. A good place to start, for the avid veggie lover, veggie hater and everyone in between is this: fill half your plate with fruits and vegetables at each meal and snack.

Stock up on healthy fruits and vegetables each week at the Farmers Markets.  If you are not sure what something is, talk to the farmers. Try something new each week – you might must find something that you had no idea you liked, and it can only make you more healthy and feel more alive!