Home>Levelset Community>Legal Help>Can I put a lien on the house until I get paid

Can I put a lien on the house until I get paid

GeorgiaMechanics LienPreliminary NoticeRight to Lien

Did work for contractor so homeowners could sell the house now just not want to pay me

1 reply

Jul 3, 2019
I'm sorry to hear about that. Let's take a look at Georgia's mechanics lien requirements.

In Georgia, mechanics lien rights are pretty broadly granted. Essentially anyone who has provided authorized labor and/or materials to the construction project will be entitled to file a mechanics lien if they go unpaid for their work. However, for parties hired by someone other than the property owner, a preliminary notice may need to be sent in order to preserve the right to lien. Specifically, a Notice to Contractor will be required if a Notice of Commencement was filed on the project. And, if notice was required but not sent, that might prevent the filing of a valid and enforceable mechanics lien claim.

Another thing to keep in mind is the deadline to file a Georgia mechanics lien. In Georgia, the deadline to file a lien claim is 90 days from the last date the claimant supplied labor or materials. Liens filed beyond this time period will be considered untimely and will likely not be enforceable, either.

Finally, it's also worth noting that before pursuing a mechanics lien, it's often helpful to recovery efforts to send a warning or threat of lien, like a Notice of Intent to Lien. By sending a Notice of Intent to Lien, a lien claimant can let their customer and/or the property owner know that they're serious about payment. By doing so, many claimants find that they're able to either recover payment or at least get the payment talks moving. Plus, a Notice of Intent to Lien can be sent regardless of whether a lien claim can or will actually be pursued. And, if it's ineffective to compel payment, a lien claim can always be pursued.

For more information on Georgia lien and notice requirements, these resources have great info:
(1) Georgia Preliminary Notice Overview
(2) Georgia Mechanics Lien Overview
(3) How to File a Georgia Mechanics Lien
0 people found this helpful