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Can i file a mechanics lien on a project i did not pull a permit for?

Customer and I went under contract to do a kitchen and master bath remodel. I believe the job was completed to a professional status and the customer is seemingly nit picking to the point i cannot meet up to his expectations. He owes me the final 25% of the invoice and is refusing to pay, he is saying he will hire a contractor to come and finish the job and deduct it from my remaining balance. $21,000 is left to be paid. But I’m not sure if not pulling a permit is going to cause me to lose the case if we go to court.

1 reply

Feb 28, 2020

The Georgia mechanics lien statute is silent regarding permits and the loss of mechanics lien rights. So, at least by the text of the lien laws, a permit won't prohibit a mechanics lien claim from being invalid and unenforceable. Though, there may be some case law in Georgia or other regulations that'd affect the ability to lien. However, that doesn't mean there's no harm in failing to pull a permit. Failure to pull a permit in GA can result in very serious fines, penalties, and even the removal of completed (but uninspected) work. As a result, amounts that may be owed under the contract for work might then come into question if the work must be taken out or redone. Certainly, any time a permit is required for work, that permit should be obtained. Keep in mind that Georgia is a state where unlicensed contractors won't be able to pursue a valid and enforceable lien claim if their work requires a license. So, if a permit wasn't pulled because you don't have the license necessary to pull the permit, then that'd pose a very serious obstacle to pursuing a mechanics lien claim. For the most clarity here, it'd be wise to reach out to a local Georgia construction attorney since they'll be more familiar with the area's permitting rules and other building regulations.

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