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How do I get him or whomever has the contract to pay?

GeorgiaPrompt Payment

Well I’ve been working for a guy he seems to not have the contract but a guy in Carolina has the contract for the project we’re doing he has not paid us for the job we’ve done

1 reply

Dec 20, 2019
I'm not entirely sure I understand the situation you described above, but regardless - the following recovery options can be helpful when unpaid for construction work in Georgia. Of course, in order to force payment, it will be crucial to get the contact info for all relevant parties to the dispute.

Invoice reminders

Before a dispute gets out of hand, using something as simple as an invoice reminder can be effective to get payment talks moving in the right direction. An invoice reminder acts as a little nudge, reminding the nonpaying party that there are outstanding invoices that need to be paid. And, often, that little nudge is enough to get things back on track.

Demand letters

Escalating things a little bit can be helpful, too. That's where payment demand letters come in. Demand letters formalize the dispute a little bit and let recipients know you're serious about recovering what you're owed. And, they'll generally contain specific legal threats and put a deadline on paying what's owed.

Notice of Intent to Lien

The threat of a lien claim is pretty serious considering how much disruption a lien can cause on a given project. Still, when payment is owed but not being paid, sending a document like a Notice of Intent to Lien can shake things up and force payment. What's more, sending a Notice of Intent both to the project's contractor and the owner of the property can put additional pressure on the contractor since the owner, who otherwise might not be aware of the dispute, is having their property title threatened. More on that here: What Is a Notice of Intent to Lien and Should You Send One?

Pursuing a mechanics lien claim

Mechanics liens are the most powerful recovery tool in construction. They shouldn't be taken lightly, but when push comes to shove, they get claimants paid. So, if the relevant notice requirements were followed (if applicable), then pursuing a mechanics lien may be an option. For more on what makes mechanics liens so effective, as well as Georgia's lien requirements, here are some great resources: - 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

Other recovery tools

Finally, there are always other payment recovery tools outside of the mechanics lien process that can help in recovering payments. Legal claims like breach of contract or a claim under Georgia's prompt payment laws could be available, among others. Plus, for disputes under $15,000, Georgia small claims court could be an option to streamline things. Of course, before deciding to pursue certain legal claims, it'd be wise to consult a construction attorney in your area. They'll be able to review your documentation and relevant circumstances and advise on how best to move forward with a claim.
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