PHILIP J. SIEGEL is a Partner and shareholder with the firm. Philip attended the University of Michigan in Ann Arbor, graduating with distinction from the School of Business Administration where he earned his B.B.A. Mr. Siegel received his law degree from Emory University School of Law. After working in the public accounting industry as a state and local tax consultant for two years, he commenced his career as a construction litigation and labor/employment attorney. More...More...
A Preliminary Notice of Lien rights is not required in Georgia. A Notice to Contractor, however, is required from a second tier subcontractor (or lower) where a Notice of Commencement has been recorded for the project, in order to preserve lien rights. If you contracted directly with the Owner or prime contractor, then a Notice to Contractor will not be required, even if a Notice of Commencement has been recorded for the project. See More...
You do not need a contractual right to file a claim of lien against real property in Georgia. That right is provided by law. Indeed, Georgia law makes void and unenforceable any prospective waiver of lien rights. So the idea that lien rights can be waived before beginning the work because of the absence of a contractual clause allowing the lien runs counter to Georgia law.See More...