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what law protect my right to file a lien in Georgia?

I am a licensed design consultant in Georgia. I had a retainer contract signed and deposit paid. After 5 months of endless additions and delays - the affluent business owner refuses to pay. I filed a lien and lawsuit again him. The deposition is in days and court in a week. I am told,"THE PROBLEM IS THAT IF YOU ARE COLLECTING AS A "LICENSED" CONTRACTOR AND YOU ARE NOT A "LICENSED CONTRACTOR", YOU CANNOT COLLECT." I do not believe this is correct, but my lawyer will not read the link of your website I sent the map of "same mechanics lien rights" for Georgia.. Should I give up and lose 5 months of work - that I was contracted.-

1 reply

Jan 24, 2020

Under § 44-14-361(3) and (5) of Georgia's mechanics lien statute, registered architects, engineers, and land surveyors will all be entitled to file a mechanics lien for their work if they go unpaid. So, mechanics lien rights aren't only available to licensed contractors. Of course, note that if there are any relevant licensing or registration requirement for the work you do, then that license must be held in order to file a valid and enforceable mechanics lien. For further discussion on Georgia mechanics lien rights, or to read through the relevant statutes, here's a great resource: Georgia Mechanics Lien Guide, FAQs, and Statutes.

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