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Georgia Questions
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Georgia
I'm a Restoration Firm working a residential fire claim (Insurance claim). Date of Loss 11/11/21 in which we began work stabilizing and clean up. After receiving Asbestos survey determined Abatement of such had to occur. I subcontracted the abatement work which occurred 12/14/21 through 12/18/21 and was invoiced to insured separately from the other restoration work. The Restoration work which was final invoiced in January 2022 contains restoration work both preceding the abatement invoice as well as post abatement invoice.
Having filed a Lien on the Abatement Invoice only at this time (as the carrier has yet to pay) the insured has requested a "waiver". I'm in the process of filling out the "Georgia - Interim Waiver and Release Upon Payment (Progress Payment)" and I'm hung up on the language "The mechanic and/or materialman waives and releases any and all liens or claims of liens it has upon the foregoing described property or any rights against any labor and/or material bond through the date of 12/18/2021". The "Through the date of" would include any work performed PRIOR to said date which I fear would include a portion of my work which occurred prior and is invoiced separately. Am I correct to fear as written I could potentially be releasing them from costs incurred Prior to the 18th? It was suggested that I be super clear in my description of work performed to remove doubt...
Georgiawe filed an intent to lien in March 2021 but did not file a Notice of Non Payment. I was under the impression our lien service would have done that but it did not happen.
Also on another project... We have made product but not shipped to the job site. I am under the impression that i can not file a lien unless real property has been improved. if thats the case, what options do i have?
GeorgiaIn September 2021, we incurred the expense of obtaining stamped drawings for a project that we were not scheduled to start until July 2022. We were notified on 11/29/21 that the project was halted. We failed to file any of the notices. Is it too late to file a lien? The job is located in the state of Georgia.
GeorgiaI'm not happy with time line. And I feel job is not going as promised. We had no contract because being they were not licensed or insured I felt contract would be worthless and I knew several friends who have been using them for years. I chose to pay all cash was this a big mistake on my part ? I stoped our agreement around 6 weeks before it was to be completed.
GeorgiaI paid 5500 for hvac replacement. He advertised licensed but isn't. Now unit leaking water, very noisy loud, blowing dirt and particles out vents. Can't get him to send someone to fix. Stated not his responsibility, quit harassing him
GeorgiaMy Contractor has abandoned my new residential home construction project. As a residential home Construction Customer, with an extended Construction Loan, my Bank is in New Mexico, and my new home is in Georgia. The Bank states an Attorney can help me comply with Georgia's process of replacing the ex-Contractor on this project. What are all the steps required to replace him? Is an Attorney required to replace him?
GeorgiaGeorgia contractor filed a mechanics lien for a remainder portion of a project. The amount is in dispute due to (1) failure to perform; (2) improper performance; (3) negligence; and (4) failure of duty of care. The damage caused by the actions of the contract is likely more than the remainder amount per the signed contract. It is also found during dispute that contractor is not licensed in the State of Georgia, which makes them ineligible to file a mechanics lien or otherwise seek to enforce contract in the first place. The remainder amount (which is also disputed) is between 4-5K. I would like to know what is the best step to take.
GeorgiaIf a contractor hasn't been paid by the owner, and the contract states they don't pay subs until the contractor is paid
Does a subcontractor have rights to file a lien even if its been more than 90 days?
GeorgiaWhat is the statue of limitations on a SWO. I was told it was 90 days. Then what? What if you don’t have all the forms done or whatever…does it have to be re-issued? Does it lift automatically?
GeorgiaMy neighbor asked and I granted permission to utilize my easement for access to his yard to have a pool installed. I have requested numerous times of both the pool Company and my neighbor to repair the damage done to my property from the construction. They all agreed and promised to repair. My neighbor has now sold his home and is under contract. Can I use the lien process to recover damages?
The easement is a private road for three homes behind my property. The only stipulation for granting access was to repair any damage done.
Thank you
Doug Lehman
GeorgiaHello
I am acting as my own General for my basement build out for my home in Georgia. What subcontractors need a license other than plumbing and electrical?
Thank you
GeorgiaHires me to come and do all finish work and once I got there to work I started finding his work was the worst I’ve seen in 10+years. I refused to roof it in its condition. I explained to home owner how it should be done and he had lied to them from day one. First but saying material coast was 25,000 on two rooms one 8/20 and other 12/20. Now home owner wants him to leave and I to tear it down and start over. But me and her is both in a contract with him he also adds to my contract after I sign it.
GeorgiaI dispute the contractors claims of services that were not provided. They placed a lien against my property however I was not notified by the clerk of Courts it was recorded. What are my options?
GeorgiaI am a homeowner. I hired a general contractor to complete renovations on my property and want to make sure that I am protected against any subcontractors etc. placing a lien on my property in case they are not paid by the general contractor that I am hiring. I will be able to prove payment to my general contractor through my receipts but have heard that I could still be liable if they don't pay the subcontractors. Can you clarify this for me and let me know what I can do to protect myself? Also, please let me know if there is a time limit to any liens being placed on my property after the work is completed. I live in Georgia.
GeorgiaWe hired a contractor to finish up a kitchen remodel project. Install counter tops, and appliances. He brought by samples of counter tops and we picked one and he instigated the purchase. Counter tops were paid in full to the contractor. I just received a letter from the countertop supplier that he was not paid in full and wants to place a lien on my home for the remaining balance. We have had no dealings with the supplier at all. Only the contractor, who picked the supplier and paid them the deposit I guess. We have no idea of the deal between the two parties. Are we liable for this. On top of that we fired the contractor prior for spotty work. I am currently suing him for the balance I had to pay another contractor to finish.
Georgia