Legal Question in Civil Litigation in Georgia

Putting a Lien on a builders property

Can we (architect firm) put a Lien on a residential builders property for not paying for house plans that we did for him without obtaining a judgement from a Magestrate Court?


Asked on 3/28/07, 3:58 pm

2 Answers from Attorneys
Robert Port Cohen Goldstein Port & Gottlieb, LLP

Re: Putting a Lien on a builders property

I cannot offer any firm opinion (and you should not rely on this comment as a formal legal opinion) without knowing all the facts, but the Georgia lien statute allows "registered architects furnishing plans, drawings, designs, or other architectural services on or with respect to any real estate" to assert a lien. In the usual case, a suit is not required before filing a lien.

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Answered on 3/28/07, 4:10 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Putting a Lien on a builders property

Yes. See CA code sec. 44-14-360, which you can find at http://w3.lexis-nexis.com/hottopics/gacode/default.asp However, before you take the chance of filing an improper lien and committing "slander of title", I would advise you to run your situation by a local attorney just to make sure you are on good ground.

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Answered on 3/28/07, 4:20 pm


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