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Can I file a lien

Did not file an intent to file lien when job started just completed job about 3 weeks ago. Job is in Georgia. Appears that the GC did not file the commencement notice. Do I still have lien rights? also we were supposed to wire a generator as a change order GC ha decided to use a different company for this job, in my thoughts this should void the 1 year warranty. is this correct?

2 replies

Jul 21, 2021

If there was no Notice of Commencement, your lien rights are preserved until 90 days after your last work was performed. If you contracted directly with the GC on the project, your lien rights are valid whether a notice of commencement was filed or not. Your question regarding the warranty cannot be answered here without further information. Please feel free to contact us if you wish to discuss this matter. Thank you, Bill Kidd CURTIS & KIDD, P.A. 770-476-2076

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Jul 23, 2021

No, you cannot. I presume you are in Texas. Let me qualify that "No." Of course you can literally file the lien. However, it would not be valid. If you did this the property owner can file an action to remove it and probably sue you for the costs of doing so. You did your work for the general (or primary) contractor and not the property owner so you do not have a right to a constitutional lien. If seven months have passed you have waited too long to file a statutory lien. Of course you can sue the contractor for breach of contract (if you had one) or for sworn account. You have four years from when you did the work to do that.

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