How do I collect payment so I don’t have to put a lien on customers new construction of house

1 week ago

Hello I was a subcontractor to contract some construction work on a new home and the contractor has not paid me and I have tried to collect and he keeps avoiding me and promising me payment can I go to the customer of the house and asked for payment or put the lien waiver against his home

Senior Legal Associate Levelset
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Nobody wants to have to file a mechanics lien to get paid, but sometimes, it may seem like there’s little other option. Still – there are some payment recovery tools that can be helpful in forcing an evasive customer into making payment.

How to recover payment without filing a mechanics lien

For one, when a customer is being dodgy, sending a payment demand letter can really help with recovery. A demand letter will generally include specific legal threats as well as a deadline to make payment – and it will show the customer that you’re serious about getting paid.

Because mechanics liens are such a strong payment recovery tool, the mere threat of a lien claim will often work to force payment, too. Sending a document like a Notice of Intent to Lien will let others know that there’s a mechanics lien on the horizon if payment isn’t made soon. And, by sending a Notice of Intent both to the customer and the project owner – it will let the project owner know that their contractor isn’t making payments as required. Plus, that owner can help to apply additional pressure against their contractor and have them do the right thing and pay what’s owed.

More on recovering payment via Notice of Intent here: What Is a Notice of Intent to Lien and Should You Send One?

Filing a mechanics lien will often lead to payment

It’s unfortunate when a mechanics lien filing becomes necessary, but sometimes a lien claim will become necessary. After all – liens are designed to help contractors, subs, and suppliers who are going unpaid for their work.

If you’ve gone unpaid, and if you’ve followed any necessary notice requirements (as applicable), then filing a mechanics lien could be a very effective way to force payment. For more information on how mechanics liens lead to payment, or for more info on how exactly to pursue a Georgia lien claim, the resources below should be really helpful.

– How Do Mechanics Liens Work? 17 Ways a Lien Gets You Paid
– Georgia Mechanics Lien Guide and FAQs
– How to File a Georgia Mechanics Lien – Step by Step Guide to Get You Paid

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