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Last date able to file lien for payment from subcontractor that is now out of business.

GeorgiaLien Deadlines

We supplied material and installation of material for a subcontractor on a project in Atlanta, GA. The work was completed, and an invoice was emailed on 3/28/2022. The subcontractor went out of business within the last 3 months, and no bankruptcy was filed. All assets purchased by new owners were purchased as "Zero Liability". We did not file a lien within 90 days because the payment terms were "NET 60 DAYS" for this subcontractor. Once they were 30 days past due, I tried to contact them. There was a message on their phone and website that they were no longer in business. Is there any way that I can now get payment for this work?

2 replies

Aug 15, 2022
Unfortunately, it does not appear that you have a good option. The only way to secure your payment would be by filing a lien against the property, and that option is no longer available. The only other possibility is if this is a commercial project and there is a payment bond on that project. You still might have notice issues but it would be worth reviewing the bond.
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Aug 15, 2022
Thank you for your assistance.
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