Another option available to the general contractor or property owner once a claim of lien has been filed is to “bond off the lien” by posting a lien release bond. Posting a lien release bond has the effect of releasing the claim of lien...
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A claim of lien must be filed within 90 days of the last date labor or materials were provided to the project subject to the lien. O.C.G.A. § 44-14-361.1(a)(2). In computing the 90 day period, if the 90th day falls on a weekend or a holiday, the...
A contractor’s affidavit is a sworn statement by a contractor (defined not to include a subcontractor) or an owner, that the full contract price has been paid and that all subcontractors and material suppliers have been paid. A...
If a lien waiver is filed after a bond to discharge lien has been filed, the lien waiver does not waive the lien claimant’s claim against the lien discharge bond. See Benning Construction Co. v. All-Phase Electric Supply Co., 206 Ga. App. 279...
While a lien waiver waives the lien as to the property on which the improvements have been made, it does not release the contractor from its obligations to the lien claimant. See David Shapiro & Co. v. Timber Specialities, 141 Ga. App. 354 (1977);...
The contents of the lien is controlled by Georgia Law. O.C.G.A. § 44-14-361.1(a)(2) This code section sets forth a statutory model for the language required to be included in the lien. An example form follows: (name of company claiming lien), a...
Before you can file a claim of lien (in order to lien real estate on which the work is completed) there must be a contract for the work in question and the owner of the real estate (or real property interest) on which the work is being done must...
What is a Notice of Commencement and Notice to Contractor and when do they apply to me? If you are working as a subcontractor and don't have a direct contract with the general contractor the filing of a Notice of Commencement on a project will...
What is a lien? A lien is a claim for materials or services which attaches to the real property being improved. The document initially filed is called a "claim of lien" and acts as notice to the general contractor or owner that you have a claim for...
Qualifying Agent Requirements for Construction Companies...its not just pulling permits! Georgia law requires that each business organization which practices residential or general contracting have a “Qualifying Agent.” The Qualifying Agent...
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