The Lien Writer® Newsletter December 13th 2018

The Lien Writer® Newsletter Since 1991

Thursday, December 13th, 2018

HOLIDAY HOURS

The following are our Holiday Hours from December 2018 through November 2019.  Mentioned here are the days we will be closed:

December 24th and 25th:                                   Christmas

December 31th and January 1st:                      New Years

January 21st:                                                       Martin Luther King’s Birthday

February 18th:                                                     President’s Day

May 27th:                                                             Memorial Day

July 4th:                                                                Independence Day

September 2nd”:                                                  Labor Day

November 11th:                                                  Veteran’s Da

November 28th and 29th:                                   Thanksgiving Holiday

MILLER ACT CLAIMS

The vast majority of Pre-lien claims are on commercial State jobs, followed by claims on public State jobs.  Each State has requirements for the preparation and service of each of these documents.  But, federal jobs have different requirements, and they are the same for every location in the U.S.A, Canada and the U.S. Territories.  The following is a short summary of the requirements for making claims on federal jobs as required by the federal Miller Act.  Under project, just click the Federal Job checkbox (the Public Job checkbox will also check- you cannot have a federal job without it also being a Public Job).

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Lien Writer®, as we have mentioned before, has the forms for doing a pre-lien notice, better known as a preliminary notice, notice to owner, etc. for every location, including federal jobs.  However, we have included these forms for federal claims mostly just to keep our customers happy- many do not feel their work is done on a new job until a notice has been sent.  But, federal pre-lien notices are not required to establish a claim on a federal job.  All you have to do under the Miller Act is to send the federal public bond claim against the owner, general contractor and the bonding company in the event you have to make a claim for payment on a federal job.  If done properly, and in time, the bonding company will see that you are paid.

If you do choose to send a pre-lien claim on a federal job, expect one of three responses from the public entity:

  1. They will call you up and curse you for sending the notice because of some perception that the notice is making more work for this poor disgruntled public servant (it doesn’t);
  2. They will ignore the claim mailed (about ½ do);
  3. They will acknowledge and thank you for your claim filing.

Still, the correct action is to simply file a federal bond claim on the bonding company in the event you are not paid for your supply or work.  I cannot emphasize this enough as many working on federal public jobs do not request information on the bonding agent of the job!  This is a mistake because the bonding company may be your only source for recovery in the event you are not paid, and there are time limitations to make a claim.  The public entity and general contract know who the bond agent is, so demand the name and address of the bonding agent before you supply the owner and general contractor with your services.

Be aware of this when setting up your federal jobs in Lien Writer®.

KEEPING UP TO DATE WITH LIEN WRITER®

The current version on the street is our 10.1.1.1 version.

It is easy to update Lien Writer®:

  1. If you are using a Lien Writer®version 9.3.2.7 or before, first run Lien Writer®, then go to Help / About Lien Writer and write down your version number and expiration date for verification;
  2. Open your Internet or Google Explorer;
  3. Go to our website at http://www.fwmsoftware.com/fwm-software-downloads/;
  4. Click on Lien_Program_Installer v10.1.1.1;
  5. The site will ask where you want the program to download.  Put it in a directory location you want, or just download to the Desktop.  Normally, it should take less than 5 minutes;
  6. Once the program is downloaded, go to the directory site, or the Desktop, and double click on the Lien_Program_Installer v10.1.1.1The program will begin installing and updating your data files;
  7. If the former program was of the 10.x.x.xseries, it will simply update.  If your version is of the 9.3.2.7series or less, it will install but you will need to get a update code.  Call (530) 622-1344,or write us at techsupp@fwmsoftware.com to receive your new code;
  8. A WARNING ON USING LIEN WRITER® VERSIONS PRIOR TO 10.x.x.x.  THESE PROGRAMS ARE OUTMODED AND IN SOME CASES HAVE ILLEGAL AND OUTDATED FORMS.  PLEASE UPDATE IMMEDIATELY;
  9. Once you update, just use the program as you have always used it

CONTACT US

You can contact someone to discuss any newsletter subject:

Address:              FWM Software

                             705 Pleasant Valley Road

                             PMB #108

                             Diamond Springs, CA  95619

Telephone:                   530-622-1344

Fax:                      530-622-1385

Email:                   techsupp@fwmsoftware.com

Website:              http://www.fwmsoftware.com

On-Line Help:     https://www.lienwriterhelp.com

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