US Legal Forms
Legal Resources
Questions & Answers
Civil Actions
What is the 90-day period for filing a lien in Georgia?

What is the 90-day period for filing a lien in Georgia?

Q: Who pays for change orders in construction?

Typically, the property owner pays for change orders in construction. Change orders reflect modifications to the original contract, often resulting in additional costs. It's essential for both parties to agree on the terms and costs associated with any change orders before the work begins to avoid disputes later.

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, 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. The question is 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.

Category: Civil Actions
Subcategory: Liens
Date: 04/07/2025
State: Georgia

Answer:

In Georgia, a lien must be filed within three months (90 days) after the last time the claimant worked on the property or delivered materials. This is outlined in OCGA Section 44-14-361.1(a)(2). The completion date for the project is important, as it starts the 90-day countdown for filing a lien. If the plaster company performed work on October 25, 2008, they would need to file their lien by January 25, 2009. It’s crucial to keep track of these timelines to protect your rights as a property owner.

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.

FAQs

Can subcontractors hire subcontractors?

Yes, subcontractors can hire other subcontractors, often referred to as sub-subcontractors. This practice is common in construction projects to delegate specific tasks or specialties. However, the primary contractor typically remains responsible for the overall project and must ensure that all subcontractors, including any hired by their subcontractors, comply with the terms of the contract. It's important to clarify this in the contract to avoid any disputes.

What percentage do contractors charge?

Contractor fees can vary widely based on the project type, location, and complexity. Typically, contractors may charge anywhere from 10% to 20% of the total project cost as their fee. For larger projects, this percentage may decrease as the overall cost increases. It's essential to discuss and agree on the fee structure upfront to avoid misunderstandings later.

Should a contractor proceed with extra work without a change order?

No, a contractor should not proceed with extra work without a formal change order. Change orders are essential for documenting any modifications to the original contract, including additional work or costs. Proceeding without a change order can lead to disputes over payment and scope of work. Always ensure that any changes are agreed upon in writing.

What is the difference between change order and extra work?

A change order is a formal document that modifies the original contract, detailing changes in scope, cost, or schedule. Extra work refers to tasks performed beyond what was originally agreed upon in the contract. While extra work may require a change order to authorize and document it, not all extra work is automatically covered unless specified in a change order.

Who pays for change orders in construction?

When a contractor performs work beyond that required by the contract without formal change order?

If a contractor performs work beyond the contract without a formal change order, they may not be entitled to additional payment for that work. The property owner could dispute any claims for payment, arguing that the work was not authorized. It's crucial for contractors to obtain written approval for any extra work to ensure they are compensated appropriately.