Atlanta Mechanic’s Lien Attorney
Providing Representation for Mechanic’s Liens in Atlanta
Hard work is one of the cornerstones of the American spirit. A person who performs a job well is entitled to their earned wages. This is especially true for contractors and skilled laborers who work on such time-consuming and intensive jobs as construction projects. Manual labor is difficult and intensive and can come with a higher risk of injury than other types of work.
Unfortunately, sometimes, a contractor or skilled worker who completes a job successfully and on time does not receive the compensation they were promised. If this happens, legal action can be taken to seek the wages they are owed. This can be done through a legal tool called a mechanic’s lien.
What is a Mechanic Lien in Georgia?
A lien is a legal claim to ownership of property. Often mortgage companies will file a lien when homeowners fail to meet payments. When a person or business is granted a lien by a court, it gives them the legal right to the property in question. This is so the property cannot be sold without the lien holder first being paid.
Despite the name, mechanic’s liens do not apply only to mechanics. A mechanic’s lien is a special type of lien that can be placed by contractors, subcontractors, and suppliers to receive payment for any work done on a property. Even if a subcontractor or supplier is owed money by a contractor, the lien is placed against the property owner. This is because the property owner is held responsible for payment for the entire job since it was the owner’s property that benefited from the services.
Generally speaking, contractors and material suppliers will be paid by the owner of the property, and they will then use that money to pay their subcontractors. If the contractors and suppliers are not being paid, they cannot pay their subcontractors. This is why mechanic’s liens are placed against property owners.
How Do I File a Mechanic’s Lien in Georgia?
Filing a mechanic’s lien is a legal process. It is usually a last recourse after someone has been unable to collect money owed to them through other avenues. Filing a mechanic’s lien requires going through certain steps to ensure the homeowner is aware the lien is being filed against them and has time to respond before the matter is escalated. Generally speaking, the mechanic’s lien process is as follows:
Provide Notice of Contest
You will notify the property owner in writing that you are exercising your payment rights. This must meet preliminary notice requirements, including a breakdown of the money you are owed for your professional services and a general description of work performed. It is best to send a notice via certified mail or registered mail. This ensures the property owner receives the notice. It also provides you proof of receipt in case the property owner disputes having received it.
File a Claim
If the homeowner fails to respond to the notice, the next step is to file a mechanic’s lien. This must be done with a county clerk at a county recorder’s office in a courthouse located in the county where the work was done. This is regardless of whether you or the property owner lives in this county. This will usually involve up-front filing fees.
Be Timely
An important part of the process of filing a mechanic’s lien is being timely. You must file with the county clerk within 90 days of the completion of the work for which you are disputing payment. If you wait longer than 90 days, you may not be able to collect. This is why it’s important to consult an attorney experienced in Georgia mechanics lien law if you think you may be owed unpaid wages.
What Should I Do if I Am an Unpaid Party Who Needs to File a Mechanic’s Lien in Georgia?
Everyone who furnishes labor in Georgia is entitled to their agreed-upon compensation. If you are a general contractor, subcontractor, or other potential lien claimant, it is important to consult a mechanic lien lawyer. They will know lien statutes, lien rights, and lien procedures and be able to successfully file a mechanic’s lien on your behalf. Because mechanics liens are a specialized area of the law, other Georgia attorneys may not have the experience or knowledge necessary to successfully file on your behalf.
If you or your company need to file a mechanic’s lien, don’t hesitate to contact the attorneys at Oliver Hughes LLC. Our attorneys bring 30+ years worth of combined experience to the law concerning construction projects. We’re experienced in filing mechanic’s liens for work involving both residential and commercial projects and are aware of the statutory requirements and legal paperwork involved. We have a deep respect for contractors, suppliers, and other laborers and believe everyone who works on a construction project is entitled to compensation for it.
If you or your company have performed work for a home or business owner but have not been compensated, don’t hesitate to call Oliver Hughes LLC at 770-230-1447 or email us for an initial consultation. We won’t be satisfied until you have your just compensation for the wages you earned.