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Is there any way that I can get the money from property owner after 90 days over without lien?

Property manager has been lying that payment would be maid soon but already over 90 days of deadline of lien.

7 replies

Jan 8, 2019

I'm sorry to hear that you haven't been paid fairly for the work you've done.

As you mentioned, the deadline to file a valid and enforceable mechanics lien in Georgia is 90 days from last furnishing labor or materials to the project. Once that deadline has passed, the ability to file a (valid) mechanics lien to secure the debt has gone with it. While in a practical sense, county recorders do not always act as a gate-keeper to bar untimely liens from being filed, but filing a lien known to be improper is not a best practice.

Even if a lien deadline has passed, though, there are other ways to collect. For parties who contracted directly with the property owner or an agent of the property owner, suit may be filed against the property owner for breach of contract (among other potential causes of action). Further, Georgia prompt pay statutes require that payments must be made to the prime contractor within 15 days after the invoice become due.

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Georgia lien law requires a lien action to be filed within 365 days from the date the lien is filed for record, and not a day later. See O.C.G.A. § 44-14-361.1(a)(3). <a href="https://www.conduent-connect.net/">Conduent Connect</a>

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