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...
Your contract upstread likely requires you to resolve that lien claim. Unless the lien has been waived or a contractor's final payment affidavit was provided to the owner contemporeously with final payment and before the lien was filed, you will need to address the lien claim. What does your subcontract say? You can offer your sub an opportunity to resolve the lien claim. If it is not resolved promptly, your client will need to resolve it. The fact that your client See More...See 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...