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do i have to provide names of all employees and itemized invoices for a roofing job prior to filing a lien?

GeorgiaPayment DisputesRight to Lien

I sent a notice of intent to file a lien to a customer 10/24/18. I did this customers roof and some exterior painting. The roofing portion was paid, however the painting was done at another time and they have refused to pay despite numerous attempts, offers to come pick it up, etc. I received a Qualified Written request letter today from them stating they think my company is committing elderly fraud, they never authorized anyone from my company to work for them, they or anyone authorized by them never signed any contract, they need my insurance, every employees name, supplies, materials, invoices, etc. I have the signed contract signed by her, stating the total cost, also stating that the painting portion is $4500, I provided all my insurance info to her and her HOA prior to even completing the job as they required it, I have photos of the work in progress at her house, before and afters. We are a roofing company so we don't charge her for materials, we charge for the total job and we don't set the price, her insurance company does. She received a scope of the services and materials being provided and the cost for each from her insurance company prior to the job even starting. I have a copy of that as well. My question is do I legally have to provide all this to her prior to filing the lien ? I don't want to do anything wrong but I also can't wait too much longer or the window to file will have passed. This is insane to me because I am looking at the letter from today and the contract and the signature is identical, and the majority of the things they are asking for were provided before the job was even started. I feel like this is a stalling tactic or trying to scare me because they are "elderly" and trying to use that to get out of paying when it has absolutely nothing to do with the situation. I just want to do everything correctly in the legal sense but I feel like I do not owe her the names of each and every one of my employees just because she hasn't paid her bill. Please advise. thanks in advance.

1 reply

Nov 20, 2018
That's a good question, and I'm sorry to hear about your situation. First, I must mention that I won't be able to advise you on how to proceed, but I can provide information that might make it easier for you to determine how best to move forward. Anyway, it's important to note that the fact that information was requested will not prevent a lien claimant from filing their lien. Mechanics lien deadlines are strict - once the deadline passes, it's gone forever and will not be extended. Thus, when there's a dispute at hand and attempting to resolve that dispute could put a claimant in jeopardy of their lien deadline, typically, claimants will choose to file their lien then fulfill a request for information and try to resolve the dispute. As mentioned in the question above, a request for information not set out as a prerequisite for a lien filing could potentially be a mere stalling tactic. Regarding whether the information should be exchanged at all - withholding information for the sake of it might not be particularly helpful when trying to resolve a dispute. When information has already been provided but has been requested again, it may be helpful to provide the information again noting that it has already been provided, as well as providing the date on which the information was originally provided. Further, if there is some way to confirm that the information was previously given, that could be helpful as well - if there is a copy of the information that has been dated and/or signed by the party requesting it, it could be particularly helpful to prove the information was already sent. Finally, considering legal allegations were made, it might be wise to consult a local attorney about the allegations made and the debt owed. They'll be able to take a deeper look into those allegations as well as the documentation and other circumstances and advise on how best to move forward.
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