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How to file a response to intent to lien?

Vendor has performed some work using the supplies and materials that I purchased with his help. He installed a faucet incorrectly. Basically, still broken. He shredded screens while pressure washing my house. Left the same screens off the house. Painted the windows shut. Left the doorbell loose and the weather stripping off. List of undone goes on. Yet, he is demanding payment. How do I respond to this intent to lien? With my local courts, I want to respond.

1 reply

Nov 1, 2019

Before getting too far along, note that it can be hard to procedurally block a mechanics lien claim before it's made. Though, there are still some ways an owner might convince or compel a would-be lien claimant to stand down and refrain from filing a claim.

Convincing a would-be lien claimant to refrain from filing their lien

For one, an owner may be able to convince the lien claimant that filing a mechanics lien would be futile. By explaining to the claimant all of the flaws with their work, and by threatening to counterclaim, an owner may be able to convince the claimant to refrain from proceeding with a lien claim. This is especially true where the owner can identify specific damages that might be available, and using doing so via attorney letter can be particularly effective.

Making a construction defect claim

Further, initiating a defect claim against the claimant could help to thwart a potential lien. If there's a lot of documentation which clearly identifies issues with the work, resulting in the nonpayment - it's less likely that any lien claim that's potentially filed will be successful. What's more, if a would-be lien claimant knows the property owner will counter their lien claim with their own defect claims, they might be more inclined to stand down so as to not stir the pot.

Consulting an attorney would help to identify other options

Once a mechanics lien is filed, there are a number of ways to combat that claim - like bonding off the lien, challenging the lien filing, filing counterclaims, etc. But, it's tough to block a lien claim before it's even made. For more background on how this might be done, it'd be helpful to consult with a Georgia construction or real estate attorney. They'll likely have more experience with defending against potential lien claims, and they may have more insight in how to stop them before they get filed. And, they can review any relevant documentation then advise on how best to move forward.

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