Dreamer,
Very nice house!!! Congratulations.

It is so nice that you have your own web page. Did you do that? is it too expensive to create one?

Your GC may do nice work...not sure how though if he's not there and his subs have limited knowledge. But, that sends up a red flag for me. The way I see it is the more you put in writing the safer you'll be.

Granted only a very small percentage of GC's are crooks (most are great people) but you don't want to be in a group scammed. When we built we had our bank pay GC drafts at the different stages of the build. And, GC had to show the bank how everyone was paid before he got his final commission payment. It's a good thing we did b/c our GC was doing another house at the same time and left the owner hanging for over $100,000. GC would get the money from the owner then NOT pay for cement, framing, drywall etc. In fact the guy did work for his own father who paid him in advance then stiffed his own dad for a large cement order!!! His subs have told us that he always paid them though.

Very nice house and that view of the lake is absolutely gorgeous.

Isn't it exciting to see the framing going up?

Seeing the stack of windows reminds me...if there are also screens there, protect them! Our painters got paint on our screens and they all had to be re-screened.

What a pretty property.

dreamer_2008, The specific laws regarding M&M liens vary considerably from state to state however the general rule is that ANYONE who provides materials or labor for the improvement of real property can file a lien against that property if they don't get paid. The time limits regarding when they can file liens and what proof they have to provide before doing so vary considerably so you should have a brief conversation with a construction lawyer in your state who can guide you on how best to protect yourself. It might cost you $250 to $500 but that is small change compared to what fighting (or clearing up a lien) can cost you.

You are smart to demand lien waivers from every single person you know about but unless you are acting as your own GC, there is no way you can possibly know who everybody is. Your GC should be collecting lien waivers from every person he pays but many builders don't bother. [I know I have to stay on top of my own builder constantly but have made it a matter of principal that I simply will NOT approve any draw until I personally see the lien waivers from every single mechanic (laboror) and/or materialman he claims to have paid up to that point or that he intends to pay with that draw! My builder is very slowly getting better about collecting the waivers because he has learned that if he doesn't then his pay is delayed until he does.

Also, find out from the attorney what the time limit is for people to file liens in you state and whether you have a statutory right (or obligation) under your state's laws to hold back some percentage of the total price from your builder until the time for filing liens is past. Where you have a statutory obligation to withhold a percentage in case a lien if filed, and you fail to do so, you may have no recourse to your builder if it turns out that he has stiffed one of the many many people who provide labor or materials for your build. At the same time, your contract may call for you to pay your builder his final draw with no retainage when you accept possession... even where the law requires you to retain a percentage in case of liens! This puts the homeowner in a bind but an attorney can advise you on how to deal with it and protect yourself.

I'd like to thank everyone who has posted a reply. A lot of great advice and compliments. I did create my own website for my blog. I used Drupal which is very easy to use. My webhost, Bluehost lets you setup a website using Drupal. It is very easy. Cost is about $90 for a year and you can setup as many sites as you want (each domain cost $10/yr.

Thanks for the advice on the liens. I told my GC that I wouldn't write a check until all workers, etc had signed a waiver. He has 2 employees who he says don't need to sign a waiver so I'm talking to a real estate lawyer on Monday to get some advice. I figure its cheaper and less frustrating if I protect myself now than wait til later to fight something that may or may not come along.

When I bought the property it was advertised as being 4.56 acres and after I bought it the survey came in at 3.5 acres. So I'm trying to get compensation for that but supposedly I signed a boundary waiver that says I accept the property as is and waive the survey. Did I mention the signature on the thing doesn't look like my sig?

Even after all this I'm am still glad I am moving forward.

Here is a link that might be useful: My Dream Home Blog

How did the survey come in after closing? It is customary (and a darn good idea) to have a survey contingency on an acreage purchase contract. Closing should be after all contingencies are met. If there isn't a current survey prior to closing, the title insurance won't cover the boundary, and probably a lot of other things.

Were any real estate professionals involved?

I just scrolled through the pictures on your blog and have to agree that it truly is a Dream House! Your view is to die for. I have to go back and read your blog, that is a very cool website. Good luck on your build.