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Home>Levelset Community>Legal Help>As an "Owner's Rep" or "Owner's Consultant" managing a construction project in GA, do I have mechanics lien rights?

As an "Owner's Rep" or "Owner's Consultant" managing a construction project in GA, do I have mechanics lien rights?

GeorgiaMechanics LienRight to Lien

I was an "Owner's Representative" or Owner's Consultant managing the construction on a $2m renovation project in Georgia and the owner has not paid me for work that was completed and now the invoice is over 30 days past due. Do I have mechanics lien rights / right to lien in the State of GA? I did not file a Notice of Commencement (and not sure if this is required for my role?).

1 reply

Oct 21, 2019
Generally, mechanics lien rights will only be available for those who have performed some physical or design work for the permanent improvement of property but gone unpaid for their work. So, often, those who merely serve as a consultant or representative will not be entitled to lien rights unless they are performing construction-related work, supplying materials or equipment, or are performing design work (i.e. architects, engineers, or surveyors). Who can file a Georgia mechanics lien? Georgia's mechanics lien statute is pretty broad, but it does not seem to provide mechanics lien rights for those who simply act as an agent or consultant to the owner. Lien rights are explicitly granted by § 44-14-361 of Georgia's lien statute to contractors, subs, materialmen, equipment lessors, and even those who provide licensed design work (i.e. regisetered architects, foresters, and land surveyors) will have lien rights. § 44-14-361(a)(1) does state that the following parties will be entitled to lien "All mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers..." And, note that neither "mechanics"  nor "work" are explicitly defined by the lien statutes. But, as mentioned above, the type of work that will generally give rise to lien rights is physical work, and in some cases, professional design work. For more on Georgia lien rights: Georgia Mechanics Lien Guide and FAQs Who's required to file a Georgia Notice of Commencement? Georgia requires that either the owner, the owner's agent, or the general contractor file the Notice of Commencement. So, while an owner's representative may be entitled to file a Notice of Commencement, that doesn't necessarily mean it all falls on their shoulders since there are other parties who can (and likely should) file a Notice of Commencement. More on that here: Georgia Notice of Commencement FAQs & Guide. Other options outside of the mechanics lien process Keep in mind that there are always other options for payment recovery, even where a mechanics lien might not be on the table. We discuss some of those options in-depth here: Can’t File a Lien? Here Are Some Other Options For Recovery. Further, sending documents like invoice reminders and demand letters can do the trick. They're not as formal as a lien claim would be, but sometimes a more-gentle reminder is all that's needed. Plus, if the dispute is under $15,000, taking the matter to Georgia small claims court might be a fruitful option. While still a legal procedure, small claims court tends to be much faster and less expensive than traditional litigation. Finally, if there's a contractual relationship in place, it's possible a breach of contract has taken place. And, even if there isn't a contract, a claim like unjust enrichment could still be on the table.
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