Home>Levelset Community>Legal Help>if i havent been paid my full deposit, or my rough draw after passing inspection, can i file a lien or do i have to complete the job in full and then file..??

if i havent been paid my full deposit, or my rough draw after passing inspection, can i file a lien or do i have to complete the job in full and then file..??

working for a contractor, job started as repairs, requested deposit of half, but only got about a 3rd, then there was additional work added that also required a deposit that was not paid, it also required inspection and passed, submitted for rough draw as well and that has still gone unpaid.

1 reply

Jun 28, 2018

I'm sorry to hear about that. Slow payment is frustrating and can really be dangerous for construction businesses. While it may make sense for many claimants to wait until the entirety of their work has performed, a claimant does not need to wait until they have completed their work on the project to file a lien claim. It's worth noting, though, that filing a lien can put a serious strain on project relationships. So if more work is to come on a given job, things might get tense on the site. Finally, in a situation where the lien deadline is not particularly near, sending a demand letter like a Notice of Intent to Lien can go a long way. It serves as a warning-shot: if payment isn't made, a lien will be filed. Because a mechanics lien is such a drastic remedy, a property owner or GC often can't ignore the potential of a lien filing, so the situation is addressed (and hopefully resolved) swiftly. Ultimately, if payment still doesn't come, a claimant will still be able to file their lien claim (assuming the notice requirements have been fulfilled and the deadline has not yet passed). To be sure, the deadline to file in Georgia is 90 days of the date a claimant last supplied labor or materials.

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