Hiring a contractor for a remodel or repair can be exciting, but it can also create major headaches. A new kitchen or bathroom can add value to your home, but what happens when the contractor cuts corners, delivers poor workmanship, or fails to meet the terms of the contract, yet still expects full payment?
How Contractors Use Mechanic’s Liens in Georgia
When disputes arise, many contractors file a Mechanic’s Lien. This lien gives them a legal claim against your home as security for the money they believe is owed. The lien clouds the property’s title, which means you cannot sell or refinance the home until the lien is resolved.
Mechanic’s liens are designed to protect contractors when homeowners refuse to pay for valid work. Unfortunately, they are also used against homeowners who are simply fighting back against substandard work.
Filing Requirements for a Valid Lien in Georgia
Georgia law requires strict compliance for liens to attach. If your contractor filed a lien, check whether these requirements were met:
Preliminary notice was provided within the required timeframe after work began or materials were delivered.
Details of the debt were included, such as the amount owed, the scope of work, and the homeowner’s information.
Timely filing occurred within 90 days of the project’s completion with the county court or registrar of deeds.
If any of these steps are missing, the lien may be void.
How Liens are Enforced in Georgia
Even if a lien meets filing requirements, the contractor must perfect the lien by filing a lawsuit within 365 days. If they fail to do so, the lien automatically expires. Once a lawsuit begins, the process follows the same path as any other civil case, including discovery, negotiations, and potentially a trial.
Defending Against a Mechanic’s Lien in Georgia
Challenging a lien means disputing the contractor’s claims. Were the materials cheaper than agreed upon? Was the work subpar? Did the contractor breach other key parts of the contract? The strength of your defense depends on clear documentation. Always keep copies of your contracts, emails, texts, and invoices.
Protecting Your Home
For many homeowners, a lien can feel overwhelming, especially when they know the contractor did not uphold their end of the bargain. The good news is that Georgia law gives you ways to fight back and protect your property.
Speak With an Experienced Atlanta Real Estate Attorney About Your Lien Dispute
If you are facing a mechanic’s lien on your Georgia home and believe the contractor failed to deliver what was promised, you do not have to handle it alone. Our Atlanta real estate attorneys are well-versed in Georgia lien law and know how to effectively challenge invalid or unfair filings.
Call us today at 678-882-0830 to schedule a consultation. We will review your situation, explain your options, and work to protect your rights and your home.
