Lien Waivers and Notices of Contest Lien
Under Georgia law, both the Interim Waiver and Release Upon Payment and the Waiver and Release Upon Final Payment become conclusive evidence of payment unless within sixty (60) days of the date that the waiver is signed you either file a claim of lien or an affidavit of non-payment. This is the law in Georgia whether or not you have actually received payment. If you have not been paid but you are continuing to work on the job, you should likely file an affidavit of non-payment. If you are no longer working on the job and are not concerned about your ongoing relationship with the contractor or the owner, then you should likely file a claim of lien. Whatever the situation, your lien must be filed within the new statutory time period of ninety (90) days of the date that you last provided materials or worked on the job. Importantly the filing of an affidavit of non-payment is not a substitute for the timely filing of a claim of lien. Do not ignore the receptor of a Notice of Contest of Lien. If you receive a Notice of Contest of Lien, then you are required to file suit and file a Notice of Commencement within ninety (90) days after the filing of the Notice of Contest. If you do not file suit and file the Notice of Commencement within this ninety (90) day period, then your lien will become extinguished as a matter of law without further notice. The attorneys at Rachelson & White are regularly engaged on behalf of subcontractors, material or equipment suppliers, engineers and surveyors to assist them with issues regarding liens, lien waivers, and claims under payment bonds. If you have any questions regarding these matters, please call or email Ira Rachelson who has been recognized by Atlanta Magazine and by Super Lawyers Magazine as a Georgia Super Lawyer at 678-990-5220 or irachaelson@r-wpc.com. Rachelson & WhiteA Professional Corporation Three Ravinia Drive, Suite 450
Atlanta, GA 30346-2131
Map and Directions Phone: (770) 698-0700 | Fax: (770) 698-0071
E Mail: info@r-wpc.com Rachelson & White, P.C., located in Atlanta, represents businesses and individual clients in areas such as College Park, Redan, North Atlanta, Smyrna, Mableton, Sandy Springs, Roswell, Marietta, Alpharetta, Cumberland, Fulton County, DeKalb County, Cobb County, and throughout the State of Georgia.
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by Rachelson & White. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
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