Menu
Home>Levelset Community>Legal Help>If GC hadn't gotten paid by owner and sub cannot win the GC suit, can he (the sub) still foreclose against the owner?

If GC hadn't gotten paid by owner and sub cannot win the GC suit, can he (the sub) still foreclose against the owner?

Georgia

In GA. If a first tier sub files a lien and timely files a suit against a GC, but GC hadn't gotten paid by the owner and the sub cannot prevail in the GC suit, can he (the sub) still foreclose against the owner?

3 replies

Apr 11, 2021
Typically obtaining a judgment against the GC would be a requirement to perfect the sub's lien on the owner's property. Its not clear from your answer as to why the action against the GC cannot be successful. This sounds like a matter with a somewhat complicated framework-if you need further assistance please don't hesitate to contact me directly at rstorrs@storrslaw.com or at (404) 500-6302.
0 people found this helpful
Helpful
Apr 11, 2021

If the sub cannot prevail in its suit against the GC, this would indicate either the sub’s suit is invalid or that the sub is unable to present sufficient evidence to prove its claim. If the sub cannot prevail, it cannot foreclose its lien. Timely filing and prevailing in the suit against the GC are conditions to enforcement of the lien. 

0 people found this helpful
Helpful
Apr 12, 2021
Hello. Your’s is a complicated question. The first part of the analysis would be to review your subcontract to see the type of clause included is if a “paid when paid” or “paid if paid.” Regardless, you would need to file a suit within one year of the lien. If the GC raises the payment clause as a defense, then I would add the owner to the suit. You should definitely hire an attorney because this is not an easy topic. If you want to give me a call, my name if Josh Stone. Firm is Stone & Bellus, P.C. Website stonebellus.com. Phone 770-390-9950. Email josh@stonebellus.com. I would be glad to discuss the matter further with you. How much are you owed? Josh
0 people found this helpful
Helpful