Full question:
I live in Georgia and hired a Pool contractor to build an in-ground pool. He, in turn, hired several sub-contractors. I have paid the contractor the full contract price plus cost for some change orders. The work was completed around June 30, 2008. I recently received a notice that the plaster company was filing a lien against my property for failure to be paid by the pool contractor. On 10/25/08 the plaster company came out to take some pictures and I asked them to take a look at a rust spot where the re-bar was rusting through. They repaired the spot and have the project finish date as 10/25/08. What constitutes the 90 day period from completion of the project? My understanding is contractors must submit lien notices within 90 days of project completion. The pool contractor is filing bankruptcy.
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Georgia
Answer:
In Georgia, a lien must be filed within three months of the last work done on the property or the last materials delivered or installed (OCGA § 44-14-361.1(a)(2)). The bankruptcy of the pool contractor creates an automatic stay, halting most actions against them. However, the bankruptcy code allows for post-bankruptcy actions to maintain or enforce a mechanics' lien if state law permits the rights to relate back to the original work date. A lien can still be enforced if a preliminary lien notice is filed timely according to state law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.