All States Joint Check Agreement
Joint Check Agreement Form
Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software, LLC, LLC. Nor does FWM Software, LLC. assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.
Note: The following information covers all states for this generic form. Please use at your own risk and in conjunction with advice from your attorney.
Description: This non-statutory form is used to create an agreement between the lien claimant and the customer (the payees) to jointly receive funds generated by the job. In most cases it is used as a means for the lien claimant to receive regular payments from the general contractors, owners or lenders (the payers) for labor or material supplied. The program's agreement is strongly worded and can be enforced against payers who fail to abide by the agreement (see below).
The program can also print out a letter (labeled the General Contractor Letter but is also for Owners and Lenders) that advises the paying party of your Joint Check agreement with your customer (and possibly with the general contractor) and requests their signature to validate the agreement.
Scope: All States, Private or Public Works.
Time Constraints: No specific time deadline is required for signing your Joint Check Agreement, but we strongly urge that the form be prepared and signed before your first commencement of labor or delivery of materials.
Information Requirements: Signer (your company) name, Who Will Pay Check (Owner, General Contractor or Lender), Who Will Receive Check (Your Customer and You or General Contractor, Customer and You).
Form Types: Joint Check Agreement and General Contractor Letter
Procedures: Obtain the additional information and prepare the form, making enough copies for each of the parties. Have all relevant parties sign the form.
Important: You may find general contractors and owners reluctant to sign this agreement because of the liability they may incur- if they do not abide by the agreement you may opt to take legal action against them. And probably win. However, we urge you to stick to your guns and do not issue a watered down form of the agreement. You will find that you cannot enforce it in court. If you feel you need this agreement, insist on it. Honest and reliable customers, general contractors, owners and lenders will sign it.
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