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Is this grounds for a lien? How long do I have to wait/what is time line to file lien

Georgia

So we competed a landscape project at a construction site in the back yard. The owner is using the excuse that a city arborist needs to sign off on final inspection before paying the remaining balance of invoice. The city arborist inspector said a tree needs to be planted in obviously all the other construction work needs to be completed first front yard to complete site plan before approving- the front yard tree has nothing to do with the invoice we completed in back. How would you handle this? Is that a fair reason to wait on pay? Or should I go ahead and send a preliminary lien notice. I am in Georgia.

3 replies

Jan 9, 2021

Is the work in the backyard a separate job than the front yard? If so and your work is done and you‘re within your 90 day filing period, file your lien. 

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Jan 9, 2021

I would recommend sending an initial letter formally requesting payment for the invoice. Keep in mind that you must file a lien within 90 days of the last day work was performed. So if you do not receive a response from the homeowner, I would be prepared to file your lien before the deadline passes.

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Jan 9, 2021

Yes Jon, the work in the backyard was the work we agreed upon. The owner brought a city arborist into the equation and is saying we can't be paid until she signs off on inspection. The arborist already informally said the work we did in back meets their code requirements. But to sign off requires additional work in front yard. When should I send preliminary notice prior to lien?

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