Partial Lien Waiver
What is a Partial Lien Waiver?
A Partial Lien Waiver, in the construction industry, refers to a legal document drafted to provide assurance to a payer that a contractor, subcontractor or materials supplier has received specified payments and waives its right to place a lien on the construction project to the extent of received payments. This document, typically used to maintain a clear title, only relates to the amount that has been paid up to a certain point. Subsequent payments would need additional waivers. It is advised to closely monitor Partial Lien Waivers as they help in avoiding disputes about the amount due, ensuring smoother construction operation.
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Other construction terms
What is an Owner?
An owner, in the context of the construction industry, refers to the individual or entity who has legal rights and control over a property or project. This can include land, buildings, or a construction project that is under progress. The owner has the authority to make crucial decisions such as who to hire for construction, what materials to use, or how the architectural design should be. The owner primarily funds the project and is usually the one to initiate the construction project. They may be private individuals, corporate businesses or even government entities. The responsibility of the owner extends from conceptualization until the completion of the project, and can also stretch to the maintenance and operation of the completed facility. It's crucial for owners to have a solid understanding of the construction process to ensure the successful completion of a project.
What is Overbilling?
Overbilling refers to the unscrupulous practice of charging more than what is warranted for materials or services in the construction industry. This can occur when a contractor bills for more material than what was actually used or invoices for labor and time that was not appropriately utilized or not used at all. Overbilling can have serious fiscal impacts on projects and can lead to legal consequences if discovered. The clients have to scrutinize the billings accurately to avoid falling victim to overbilling. Thus, overbilling is not an ethical practice and is discouraged in the construction industry. It not only hurts the client financially but can also damage the reputation and trust between parties involved in a construction project.
What is a Guaranteed Maximum Price (GMP)?
A guaranteed maximum price (GMP) is a financial cap used in construction contracts, representing the highest possible price a client can expect to pay for a particular project. This cap encompasses raw materials, labor, indirect costs, and a margin for the contractor鈥檚 profit.聽
While offering financial predictability and safety to the client, this method can significantly impact subcontractors. To transfer a portion of the financial risk, general contractors (GCs) typically offer subcontractors fixed-price (or lump sum) subcontracts. This setup incentivizes subcontractors to adhere to budgets and timelines, as cost overruns directly affect their profit margins (unless the client was the one who requested changes). Conversely, if the project is completed under budget, subcontractors may benefit by sharing the savings with the GC. Ultimately, GMP contracts foster transparency and collaboration, promoting shared responsibility for project success between all parties involved.聽
In GMP contracts where payments are tied to milestones or completion percentages, accurate pay applications鈥攁 core feature of Siteline鈥攁re crucial to getting paid sooner. Siteline also enables subcontractors to track outstanding balances and monitor their cash flow in real-time, empowering them with insights to proactively manage their financial health鈥攚hich is paramount in GMP contracts. Ready to take control of your cash flow under GMP contracts? See how Siteline can help by scheduling a demo today.