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Do I have a case to dismiss a lien?

GeorgiaLien DeadlinesMechanics Lien

Thank you in advance for your assistance and thoughts. I purchased a new home here in Georgia 1.5 years ago. The developer did not pay several of the subcontractors, and most all of those early liens have since expired or will soon expire. However, I just received a new grading/landscaper lien for work he had done in he past, before I bought my home. He recently came back to install a rain sensor (at the request of our neighborhood landscaping committee) that he "forgot" to install when the home was new, and is now using that as a basis to claim lien rights to 4000.00 dollars worth of grading/landscaping work dating back to before I bought the home. However, in the lien he states that he was requested to install the sensor to "add to or upgrade" the irrigation system (I guess he didn't want to admit he had forgotten back when the house was new), and not that he was "finishing" a job. This contradicts his email response from him stating that it was all one job, and that is why he can do this. Do I have a case to dismiss? Thank you!

1 reply

Jul 15, 2020

You may have grounds to challenge the lien. I don't see how he can "revive" the earlier amount through the filing of a lien over one year later. I would argue that at most this is warranty work that does not extend the lien filing deadline. Also, you are the owner now, and you did not even authorize the earlier work...the former owner did. I see some grounds to challenge this lien. Unfortunately, the relatively small amount at stake will make it hard to afford an attorney to provide representation. I would be happy to take a look at this and provide a free consultation; if interested you can send the lien and related material (invoices, correspondence etc) to me at rstorrs@storrslaw.com. Thank you and good luck.

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