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Can I file mechanics lien?

GeorgiaMechanics Lien

I'm a subcontractor in who was hired to install cabinets in a new house in the state of Georgia. I did the majority of the installation in December 2021, with the intent to return after countertops and tile had been installed. Before these installations took place, the contractor declared bankruptcy and I was unable to finish. The last time I was on the site was July 30 to do some light punch out, and I have E-mails and text messages with the homeowner to that effect. Do I have standing to file a lien against the house?

2 replies

Sep 14, 2022
My answer is a qualified yes. Work performed to fulfill the contract is work contemplated by the contract, and it extends the time for filing the lien because the contract is not complete until the work is done. However, remedial work such as warranty work, corrective work, repair work, or work that is incidental and not necessary to a completed contract does not extend the time for filing a claim of lien. Many times punch list work represents a list of items that must be finished in order for the contract work to be deemed complete. If that is the case, and the work you did in July is not just minor corrective/warranty work, then you have a good argument.
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Sep 20, 2022
Thank you very much!
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