Home>Levelset Community>Legal Help>Can i file a lien on a llc contractor if I did not have a contract.the builder also had me so some drywall work and agreed to pay but didn't.if yes please tell me how.the job was in canton ga

Can i file a lien on a llc contractor if I did not have a contract.the builder also had me so some drywall work and agreed to pay but didn't.if yes please tell me how.the job was in canton ga

I have been working on a job as a subcontractor.the job was for 14000.by my notice from a app I had to prime and 2 coat all painted surfaces.all stained surfaces was 1 coat stain one coat of clear.with no drywall patching. The builder asked me to patch all drywall so we could move foward with our finish coat of paint.my boss Prodigity painting did not want responsibility for this project so the builder ask me if I would be willing to handle it.I stated as long as all my men's time as well as mine would be paid by the builder then I would do it.after that I was added a extra coat of clear on all stain work and to caulk all interior panels and to bonsai all window casings and door casings .over 4000 in extra time of labor for me and my men.my boss Prodigity then fired me and would not allow me to come back and finish the interior in which he owed me a additional 3500.i just want my money for the extra work.how do I get my money I have people wanting to take me to court for there money and I don't no what to do.plz help

1 reply

Dec 6, 2018

I'm sorry to hear you've been having these payment problems. I should first mention that I won't be able to provide any advice on how to proceed - but I can certainly provide some information that could be helpful in making that determination for yourself! First, it's worth noting that when a lien is filed, that lien attaches to the project property - not against the contractor themselves. So, even while a contractor is the one who has failed to make payment, a mechanics lien claim attaches to the property and grabs the attention of both the owner and the general contractor, and if worse comes to worst, the owner's property is what could be in jeopardy if the lien claim isn't paid. Also, that the contractor is an LLC will be irrelevant to the legitimacy of a lien claim. Regarding whether or not a written contract is needed for a lien claim - in Georgia, it appears that a contract does not need to be in writing in order to give rise to lien rights. Specifically, under § 44-14-361 of the Georgia lien statute, a claimant will have lien rights in "the amount due and owing the lien claimant under the terms of its express or implied contract, subcontract, or purchase order". Of course, note that there are certain notice and deadline requirements that will apply - and they're strict. The failure to follow these requirements could result in the loss of lien rights. You can learn more about them here: Georgia Lien and Notice FAQs. Finally, it's worth noting that, regardless of whether lien rights are present, sending a document like a Notice of Intent to Lien can often compel payment from a nonpaying customer and/or the owner. A Notice of Intent to Lien is essentially a lien warning - it says that if payment isn't made and made fast, then a lien claim will be filed. Considering how serious lien claims are, most owners will want to avoid lien filings - and they can help to put pressure on other parties to make sure payment is made. You can learn more about that document here: What Is a Notice of Intent to Lien and Should You Send One? Lastly, if you do determine that a mechanics lien is the right move, this article may be helpful: How to File a Georgia Mechanics Lien.

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