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?
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.