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Should I wait out the mechanic lien if instructed or hires construction lawyer

GeorgiaMechanics Lien

General contractor has not finished the job, and is not responding. Subcontractors threatening mechanic lien on house in Georgia I plan to stay in house for 5 more years. Should I wait mechanic lien out, or should I hire an attorney

2 replies

Jun 2, 2021

You have two issues - the lien and what to do about your defaulting general contractor. I would suggest you not wait to find out about the subcontractor's lien, but go ahead and hire an attorney to make sure you put yourself in the best position vis-a-vis your contractor. You may need to terminate the contract and you will want to get legal advice on the proper way to do that. You can also ask your attorney about the threatened lien and how to address that issue as well. There may be other potential lien claimants out there - suppliers, etc.

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Jun 2, 2021

Attorneys will always recommend hiring an attorney! Having said that, if the principal amount of the claim of lien is relatively low and you have no pressing issues with a lien on the property, then it is not necessarily a bad strategy to wait it out. Often times when a contractor files a lien for a small amount they will not file the required lien action (lawsuit) within the 365 day period as pursuing such an action may cost more in legal fees than what they could recover. Keep in mind that absent paying the amount claimed and obtaining a lien cancellation, the process for having a lien removed can be lengthy.

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