Our firm is well aware that liens protect owners, contractors, and subcontractors in different, but equally important ways. Contractors and their subs want to be paid for their labor and materials and owners who wish to avoid future claims will certainly want a release of lien upon job completion.
A mistake in something as simple as required font size or properly notifying an owner regarding the right to contest may affect the final outcome of your claim. Timing can be important, as well, since statute of limitation is different from lien expiration. When it comes to important matters such as these, don't trust your future to an untried attorney. Our experienced Marietta based construction lien lawyers have the successful track record clients need when navigating lien laws.
Busch, Reed, Jones & Leeper, P.C. offers free consultations. Schedule yours today.
When representing clients filing materialmen's lien claims and / or defense we take a personal interest in your case, offering reassurance and prompt responses to all questions and concerns. We understand the difference between statutory lien forms and construction lien deadlines, as well as lien waivers and contractor affidavits of final payment. Whether you need help with notices to owner and contractor or guidance regarding property searches, our skilled corporate attorneys know how to help smooth the process in the most cost-effective approach possible.
We understand all facets of Georgia lien laws and represent companies of all sizes in business law mediation, negotiation, and litigation. We'll guide you through the lien law process from start to finish, making sure operations are not brought to a standstill because of sloppy legal representation.
Lien laws in Georgia are very clear: those who perform work on someone else's property and do not get paid are entitled to make a claim by placing a lien on the property. However, if filed incorrectly, even if the error is small or seemingly insignificant, your lien claim may be invalid, leaving you with no recourse to recoup losses. Major changes to Georgia lien law in 2009 created firm parameters and delicate nuances in the change of filing requirements, so it makes good business sense to speak with professional legal help to file your lien claim properly.
Under Georgia law, there are specific legal procedures that must be followed in order to make a lien enforceable. Our construction lien litigation lawyers will take certain actions to help facilitate the construction lien process.
Filing a claim of lien does not automatically ensure an architect, contractor, sub-contractor, or supplier / materialman, etc. will receive payment. While most property owners want to avoid an encumbrance on their property, others - such as those with no plans of selling - may not feel inclined to rectify the issue. We can help guide your business through the process of "perfecting" (through lawsuit, proof of bankruptcy claim, or arbitration) to enforce a lien. However, time is of the essence, since you only have 365 days from the date of original filing. Postponing action can create deadline issues, especially in complex cases that require gathering evidence that supports your claim from several sources.
Homeowners have rights, as well, and may choose to have a lien removed or declared invalid because of a small error in paperwork or its filing. Those unfamiliar with Georgia's lien laws oftentimes assume that once they've prevailed in court, they're done, but we know that timely filing of the notice of action / notice of commencement is a key element and that the time frame can be shortened by specific people. Proper lien filing preserves your rights.
Contact Busch, Reed, Jones & Leeper, P.C. today at (770) 629-0154 for all of your construction lien matters.