Georgia Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

If they refuse to cancel the lien, and you still believe the lien was filed in error, you can file a Notice of Contest with the county real estate records. A Notice of Contest requires the person who filed the lien to file a lawsuit against the party that owes them money within 60 days.

Georgia's lien law is designed to protect those who at the request of the property owner or the owner's representative (i.e., the general contractor) provide materials or services that are used to improve the owner's property and to provide such persons a means of insuring payment from the property they improved if the ...

Get a Final Affidavit of Payment When you make your final payment to the contractor, you can have him sign an Affidavit of Payment, stating that he has paid everyone on the job. This will give you a defense to anyone who later files a lien, and will essentially wipe out the lien.

If you are a contractor on a construction project and you've taken no personal security, then you can file a mechanics lien Georgia. This includes everyone from general contractors to architects, engineers, people who provided materials to the project, and equipment renters.

PREPARING THE GEORGIA MECHANICS LIEN Every mechanics lien typically must contain the owner's name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed.

Judgment Lien The lien holder is able to re-record the judgment every seven years to keep it enforceable; however, if the lien holder fails to re-record the lien within the seven year period, he or she has only three years after that expiration date to re-record it.

A mechanics' lien on farm machinery or equipment arising on or after July 1, 1985, shall have priority over any perfected security interest in such farm machinery or equipment unless a financing statement has been filed as provided in Code Section 11-9-501 and unless the financing statement describes the particular ...

Fee: $5.50 Flat Fee *Note that some tax authorities will collect a $10.50 fee which includes the original filing fee of $5.50 plus the cancellation fee of $5.00. Recording Fees for the following types are lien are standardized: Materialmen / Labor Liens. Lis Pendens.

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Georgia Construction or Mechanics Lien Questionnaire