Mechanics Lean for Hydroseeding

8 months ago

I had a mechanics lean put on our property and have been sent to a third party collection agency by a hydro seed company in Georgia after I disputed part of the charge on our charge card. Thus far the company has not appealed payment as far as we know with Discover but filed a mechanics lean and has sent us to third party collection agency. The yard at first started growing grass then within 6 weeks a lot of grass just disappeared. This is when we decided to make partial payment. There were supposed to be 5 different seeds but we have only seen two types of grass. I had the person come out and they said they would come back next spring and redo failed areas for half price $500.00. The lean is for $1000.00. He said that the mix must have been done wrong. Not, believing that person would come back I appealed payment for the second day application but paid for first day and tilling. We were told the hydro seed would cover 6.0000 Sq ft at $1,000.00. Then the man stopped with very little area left to hydro seed but was the main area we had tilled and wanted to be green. Then his hose broke and Hydro seed still in his machine blew 30 ft in the air. It is our believe than we are under 6000 sq ft and in measuring both areas we are under 6000 square foot which should have been covered by only one application anyway. And with areas turning brown we did not think we should pay both charges so we did not. What is the next step we should take to have this issue resolved. Also, it seems odd to have a mechanics lean for spraying grass and not being a construction/building issue.

Senior Legal Associate Levelset
414 reviews

Mechanics lien rights are generally only available to those who perform construction-related work who go unpaid for that work. However, any time the project property is permanently improved, lien rights might arise.

Ultimately, though, Georgia’s mechanics lien statute is silent as to whether something like hydroseeding might give rise to mechanics lien rights. However, the only parties specifically entitled to mechanics lien rights for agricultural-related work in Georgia are registered forresters.

On the other hand, those who provide “materials” for the permanent improvement of property may have a lien claim. And, while “seeds” might not fit under the traditional definition of materials, a party providing equipment for hydroseeding the property may be entitled to lien if the seeding is considered a permanent improvement.

What to do when a mechanics lien is filed against your property

First, this Levelset resource should be helpful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

Consult a local construction or real estate attorney

When a mechanics lien is filed against your property, that poses a serious threat to your property title. So, it’s generally wise to consult a local construction or real estate attorney to decide how best to move forward. They’ll be able to review your circumstances as well as any relevant documentation, then give advice on how to proceed.

Notice of Contest can shorten the lien’s lifespan

But, generally: An owner may be able to force their contractor into action by filing a Notice of Contest o Lien, pursuant to § 44-14-368 of Georgia’s mechanics lien statute. If that is done, then the lien claimant will be forced to enforce their filed lien claim (by filing a lawsuit) within 90 days following the Notice of Contest – or else their lien would expire and be rendered unenforceable. Certainly, though, escalating the dispute with someone who’s prepared to take to the courts could end up being a misstep.

Bonding off a mechanics lien

Finally, any time a mechanics lien has been filed, the owner will be able to bond off the filed mechanics lien. That won’t make the lien claim disappear, but it will remove the lien from the property title. And, much like enforcing a filed lien claim, the claimant will need to file a lawsuit to proceed with their claim. Of course, bonding off a lien isn’t the cheapest option.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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