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What is the appropriate process to file a mechanic's lien and stop work?

GeorgiaMechanics Lien

My company is from out of state, and has been working on a half million dollar renovation project in GA for the past year. During COVID, we were forced to slow production, due to government restrictions. Once they were lifted, work resumed as usual. During our tenure there, the owner has added many change orders, which have been completed. They were billed for those change orders on June 13, 2020. We met with the owner and their bank, regarding the additional charges, funds were approved. Now they're refusing to pay and have hired a new company, that's already on site and working.

1 reply

Jul 14, 2021

Looks like you may be out of time. The Claim of Lien must be recorded within 90 days from the last date you provided contract materials/service. If the owner was billed in June 2020, then my presumption is that you have not done work since then. If that is the case you do not have lien rights anymore. You still have claims against the owner for breach of contract, etc. But you are out of time to record a Claim of Lien. If you have performed contract work within the last 90 days, then, as an attorney, I recommend you contact an attorney or a lien filing service to help with preparing and recording the lien and sending all the required notice in accordance with Georgia law. With regards stopping work, the terms of the written contract will dictate how you do that. But looks like they've effectively kicked you off the project if another contractor is doing your work. That raises additional issues with regards how the owner accomplished that.

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