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Can I file a mechanic's lien?

I'm a material supplier who supplied material to a contractor. The contractor (our customer) had a contract with the City of Cordele in Georgia. Somehow, the city forgot to require a payment or performance bond. The city attorney says we cannot file a lien against the city. Is this true? Optionally, any advice on how to get paid? Amount due to us is approximately $175,000.

2 replies

Dec 20, 2021

That's a lot of money and exposure. More details are needed. Are you certain that your customer is unable to pay this amount? Has the owner paid the GC? Possibly you can get some leverage by having money held pending your payment. If the contractor was paid for the materials you provided then there would be significant remedies available to you. The principals of the GC could have civil and/or criminal exposure. If you want to explore your options further, feel free to contact me and I would be happy to review things with you.

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Dec 29, 2021

I would recommend a suit against both the GC and the City for failing to obtain a bond. If you need an attorney, give me a call.

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