Renovation company was to give me a detailed estimate of the cost to repair damage done to my home by Raccoons, This was a insurance claim and I told the renovation company up front Not to contact the insurance company until they provided me first with the estimate. I was told by them that because this was such a time consuming estimate to do, I needed to sign a contact that I would use them. The contract I signed did not have any dollar amount on it because that hadn't been determined yet. They contacted my adjuster and wrote the insurance companies dollar amount on the contract. ...Read More
If your builder files a lien before work is completed, then continues to work for a week while the certified letter is in transit (mailed from across the country by spouse), and we reconciled that the lien was filed for an amount that is not due, what are homeowners recourse?
If lien was $50,250, builder did not reconcile a 14,750 payment made two months before as well as almost 2,000 in client credits, what are homeowners options?
A) If we bond out of the exaggerated amount, can we sue builder for difference? File a bond against the business or a lien on his personal property? B) If we bond out of the exaggerated amount, how can we recover the 17k+ extra amount?
C) If we bond out (because our mortgage must be finalized), is this accepting the amount?
D) Can we demand the court drop the exaggerated lien? (I cannot get an attorney to call me back)
We typically strike this clause from any contract but this GC is holding tight to it and my partner's don't want to walk.
Since Georgia does enforce them, what verbiage can I include to limit my risk? ...Read More
We hired a landscaping company to do some backyard landscaping ie retaining wall, concrete foundation for shed, sod installation, patio and bench, french drainage due to steep slope. All of the work above with exception of sod (never installed) was defective. We had 4 other companies to come out and point out that material for retaining wall is not right material for retaining wall for our backyard. Steps in the retaining wall were being improperly installed and dangerous. I questioned and complained to the contractor on numerous occasions about the defective work, poor workmanship and lack of manpower and continous project delays which led to the reason we had other companies to come out and do an assessment. All four companies stated the same and pointed out the defaults in the work and how nothing was build according to code/standard. We informed contractors of the defects and he continued to argue the work was fine and he wasn't finished with the wall although he stated the only remaining thing was just to glue the caps on top. After going back and forth my husband then informed the contractor we wanted to terminate all work. He wrote us requesting to complete and we later found out we had to give him the right to correct. After sending the right to correct, listing all the defects along with pictures he responded a week later refusing to do so and requesting he be paid in for the balance of the work. We are disputing the amount paid and feel he should be paying us for having to pay to demo the horrible work and then additional money to get the work done right by another company. We would like to know how to proceed with this as contractor is now giving us until 3/15 to pay remaining balance for defective work and place lien on our home. Would love to hear back from someone....Read More
Due to the extreme volatility of the current lumber market, some of our big jobs are being sold across multiple purchase orders to reflect changes in lumber prices.
For example, one of our current projects only has a firm price for the first building of the job. As the project continues into the other buildings, new purchase orders will be issued accordingly. This makes it difficult to determine the total estimated contract price.
Is this something to be concerned about as far as sending the notices with an estimated total contact amount?
Filed the lien, and it's like she has fallen off the face of the earth. Before time limits are over, what can I do now? Can I sue any assets from her bank account? She's already been paid by the insurance co.
Beverly Burnette...Read More
An architect in Bibb County, Georgia, would like to file a mechanics lien for nonpayment for work agreed to in a signed contract. Is he forced in Georgia to automatically go to Superior court to enforce it if he files a mechanics lien, or, could he then go to small claims court?...Read More
I hired a GC to do a home renovation in GA. The GC hired an electrician, who was later fired for not communicating/showing up when scheduled. The electrician started contacting me (the homeowner) directly with threatening messages that included "I am going to love filing a lien on your house" and "let me know when I can get check or else". The GC paid him his requested amount, and the electrician wrote in an email he was "Paid in full" so that the GC could get the permit switched to new electrician. Now the electrician refuses to provide a lien release, and is requesting additional funds over and above the amount they initially requested. Please note, all payments requested since being fired are mostly false, but the GC paid to keep the property free and clear. How do I show the county that this lien is frivolous, or do I need to go the legal route? If so, can i recoup legal fees from the electrician?...Read More
We are working for a General Contractor who is asking for an unconditional lien waiver after payment of invoice where an interim (conditional) lien waiver was previously submitted prior to paying the next invoice. Does Georgia have a form for an unconditional lien waiver that is separate from a Final Lien Waiver and can the GC require that we fill out and submit this form?...Read More
my husband is an architect who has not been paid. we are within the 90 days to file in Bibb county Georgia. We understand the owner needs to be notified within 2 day of filing. If we file a mechanics lien are we then forced in Georgia to file a lawsuit automatically and can not represent ourselves in small claims court? What happens if the owner contest the lien. Is that a court case with potential for high legal cost? In other word what are our risk for high legal cost which would likely exceed the value of the claim. Can we just file it to see if the owner will pay and do no more?...Read More