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Georgia Questions
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Georgia
Customer is demanding we release a lien before they will pay us, is that legal in Georgia?
GeorgiaI completed the online process to file claim of liens on 3 different properties in GA (on the same non-paying client's properties). My client is a tenant on the property that has the lien currently. I sent the info to Levelset on 7/14/22 (based on my invoice date of 4/29/22) and each one was recorded in the county the property is in - 7/29/22, 8/10/22 and 8/16/22 respectively. I have been contacted by the one with the lien that was recorded 8/16/22 saying that I needed to release the lien as I had only 90 days to file the lien and this was done after the 90 days had elapsed. I had sent the info to Levelset on 7/14/22, thinking that was plenty of time for recording. Is there anything I can do or am I legally obligated to release the lien at this time upon their request?
GeorgiaEvents:
-Subcontractor claimed he did not get paid by GC that abandoned my property project with 20% of work done with fully payment in hand.
-Sub represented himself as wanting to help after GC abandoned, so I hired him directly to complete work.
-Now direct contractor, he collected full payment from me, and he also did not complete work, and left damages.
-I requested refund for work not completed, contractor agreed to only half refund of payment as per their refund policy and them starting the project
-Credit card reversed payments filing in my favor, after proof was submitted that work was not delivered.
-Contractor is now proceeding with lien claiming he did work and provided materials for property that he was not paid for.
-Contractor not only didn't complete work agreed to, but he left damages that had to be repaired for additional cost with another company.
-I have records of another company I hired after the contractor, that did the work the contractor is claiming he did.
-I also confirmed that when he was subcontractor for property, he was paid for work he did not do, which is inconsistent with his claim that he wasn't paid by GC.
Questions:
1. Can I claim funds that I paid to GC who then paid subcontractor, that subcontractor did not deliver for?
2. Can I represent myself in Small Claims, contesting lien?
3. If contractor wins suit, what will I face?
GeorgiaI've recently filed a mechanics lien on a property and I would like to know what the next steps will be to ensure we get paid promptly? On our contract with them we would get paid 90% of final amount and then 10% once the property was sold. Since they haven't paid us the 90% is it my right to demand the payment in full at once and not have to wait to get the remaining 10% later on to avoid the same stress. And also, how to do a lien enforcement as well?
GeorgiaWe have a project that has stopped because of lack of funding in GA. They have a remaining balance of 33,000.00. We have done 25,0000.00 of that work, perhaps a bit more. The contract was larger than this amount, but theyve paid up until now. Can I file the lien for the remaining balance of 33,000.00 or only the 25,000.00? It seems like they should be responsible for the remainder of the contract, but I am not sure.
GeorgiaMy parents hired a guy to do work from a tree falling on the home and we found out that contractors are unlicensed and the biz is also unlicensed. He was asked at the beginning if they were licensed, insured and bonded and he said that he was and would provide said docs when the sign contract. My parents never saw proof of this. From the beginning he had them sign a contract with him for assignment of benefits and direction of Pay, working directly with the insurance company. We had to hire a PA (public adjuster) because insurance was dragging and still are. This has been going on since November. We found out that the entire house contains friable asbestos and the contractor argued that he would do the job, we found out that he was not licensed around this time and sent a cease-and-desist letter in early December. sent a cease and desist and now the unlicensed contractor has hired a law firm to collect and exorbitant debt, in which they had not even fulfilled. They had already been paid 59,089 dollars for tree removal, tarping the portion of roof damaged, demo of one bedroom and removal of gutters and downspout. No repairs have been made. They ripped out all the carpet in the home and we found out outward. They are asking for us to 22,000.00 for roofing repair and etc. Which has not been done.
GeorgiaI am a customer who had services performed by a contractor. The service was replacement of my roof. In the estimate from my hoe owners insurance they provided an estimate of work to be done which included a new roof, inside water damage repar to two rooms of my home. We advised the contractor we would do the inside work and they would do the outside work. The insurance cut us a small amount of the proceeds to cover our work and advised once the outside work (new roof) was completed and inspected, they would cut them a check. There are still two parts of the work that the contractor needs to fix. Can I withhold payment from them until the two items and the inside work are complete? Also the contractor deducted $3500 from their estimate so it would help us out as the insurance company stated they would only pay $5500+ for the damages. Now the contractor is asking for $8200. Can they change the amount?
GeorgiaI built a house back in 2017 it was finished in 2018. The cement company that supplied most of the concrete for my driveway did not get paid thru the sub-contractor. They placed a lien on my property. The cement company ultimately filed for a lien on the subcontractor and was granted a judgement. There was no judgement awarded the cement company on my property. I would like to get from under this lien because I had to pay another contractor to finish my driveway and I was able to submit information proving my case. Should I petition the court the have this dismissed from my property since they have a judgement on the subcontractor?
GeorgiaHI, My question is does my contractor have the right to file a mechanics lien on my house, if unlicensed. The total job was $55k. we have paid him $32500. He also has added $10k of extra work we never approved. Bottom line, there have been many, many mistakes discovered with inspections, etc. We would like to settle for half of what he asking, since he really has no legal right to compensation anyway, not having a license in GA. Need some help or advice on how to best proceed. He has come down to $23,000, which is the original amount left on contract, but far above what we would be willing to pay.
Georgiaalmost 2 months into contract for construction of a pool customer finds a negative review inline and cancels contract and demands $8,500 deposit to be returned. I am still in permitting stage in Brookhaven Ga. I see this as material breach as hearsay is not grounds for cancelation??
GeorgiaI am a contractor in ga. that was assited by legvelset to place a lien on a customer back in august of 2020 i was just notified that leveset is not a legal firm and is unable to asist in this matter
GeorgiaContractor told us they were licensed, gave us fake licenses. Did a horrible job. Walked off. Now want payment on an unfinished job. 90% of project was paid.
GeorgiaA tenant in our building requested service on a piece of equipment they own and was not satisfied with the work. They are in dispute with the contractor. In the meantime, the contractor using your service erroneously filed a mechanics lien on our building for non payment. You service was apparently given wrong information on the owner of the building. At this time, I am in discussions with my attorney with what future course of action should be taken against your service and the contractor. As noted on your website: Filing a false lien can carry a variety of legal consequences, even misdemeanor and felony charges.
I suggest immediately contacting me. TRA Management, LLC 770-853-0371 Terry Atkins
GeorgiaI need to put a lein on a property, but the tax records show that my client, Alka Patel, has the property owner as Patel Alka Family Trust. Is she an owner or a tenant?
GeorgiaI was contracted to do a residential kitchen in Georgia. The client came home and the project was not completed. We were given a week and by weeks end he was happy we had finished what was asked for payment he ignored my calls and attempts so now we are here. I just need to know do i go to small claims court and how long do i have til they say i have lost out on ever making a dime off of this? He didnt pay me for the remaining materials left in home.
Georgia