Legal Question in Construction Law in Georgia

Construction Liens

I have a two part question about construction liens-

First, if we signed an unconditional waiver of lien - can we still file a lien if we weren't paid the amount we were supposed to get?

Second, we had a subcontractor file a lien against the company we had a contract with and they paid him a settlement amount. We did not owe this worker this maount and the lien was not filed agains us or the contract we had with the company. However, they deducted the amount of the lien from our contract! The subcontractor ended up getting more off the job than we did and we did not even owe him. Was this legal? Is there anyhting we can do about it?


Asked on 2/19/07, 9:12 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Construction Liens

We don't have your waiver, but generally, their purpose is to obviously prevent a lien filing. As for the dispute over money paid, no one can tell you what is "legal" based on a couple sentences from one side. Have a lawyer review the details, and perhaps negotiate with the parties (assuming the better option - working it out without having to pay for a lawyer - does not work).

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Answered on 2/19/07, 9:39 am


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