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Lien rights for job which has been stopped due to Covid-19

Anonymous Contractor

We have a project in Georgia which was stopped due to the virus. We have been paid for all work done before the stoppage, except for 10% retainage. Within the next few days, it will be 90 days since we last performed work on the project. We have been told that it will be restarted, but have not been given a specific date. Should we file a lien within the 90 day period to protect our lien rights, in case the project is never restarted?

1 reply

Richard Storrs

Construction Lawyer

Attorney and Owner at The Storrs Law Firm

| 98 reviews

Jul 6, 2020

Unfortunately, there is no clear cut answer to your question. The order declaring a statewide judicial emergency in Georgia has relaxed many deadlines, but it is unclear whether this extends to a deadline to file a claim of lien. To be on the safe side, depending on the amount of retainage involved, you may want to consider filing a claim of lien within 90 days from the last date that you furnished labor or materials to the project. In the notice letter the the GC and Owner, through which you send a copy of the lien, you can point out that it was filed out of any abundance of caution to preserve your lien rights.

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