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How can I request lien waivers from my contractors and their subcontractors?

GeorgiaConstruction ContractLien WaiversMechanics Lien
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Anonymous contractor
Sep 23, 2020

I am a property owner who has been having some work done on our master bedroom area of the home. We've experiencing some difficulties from our general contractor and subcontractors for this project, which has turned into a month-long pain (we were told it would be a 3 day project). It is apparent that the general contractor is having communication problems with both us and his subcontractor, with everything from ordering the wrong materials (materials that are still at our house), failing to protect our wood floors from contruction debrais as promised, and more. While we are now at the tail-end of everything being completed, we are worried about the potential of a lien from either the contractor and/or subcontractor upon our final payment. Can we request a lien waiver from all parties involved and how should we go about doing so? Our contract has some language which says: "This agreement and all rights and liabilities hereunder shall be governed by the Law of the State of Georgia. In addition to all other remedies provided for under the laws of the state of Georgia, Contractor hereby notifies the owner that pursuant to O.C.G.A. 14-14-361-et. seq, contractor has certain lien rights with respect to the real property on which services, materials, and installation were provided for any amounts, which remain past due." I'm not entirely sure what that refers to and would greatly appreciate some insight.

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Anonymous contractor
Sep 28, 2020
Hello. You should get a final waiver from both the General Contractor and the Subcontractor when you make final payment to the General. Those have to be on the correct forms, or they are invalid. In addition, you should get a Contractor’s Final Affidavit at the time of final payment. If you need to retain a lawyer to ensure that you get the paperwork correct, give me a call. 770-390-9950. Josh Stone. Firm is Stone & Bellus, P.C. Thanks. Josh

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