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Lien vs Contract -- I am a sub-subcontractor, no privy to contract

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  • Lien vs Contract -- I am a sub-subcontractor, no privy to contract

    I am a sub-subcontractor, no privy to contract,

    I am required by the new Georgia Lien Law to send 'Notice to Owner and Contractor' within 30 days of service by registered mail. I am a johnny on the spot subcontractor, my fees are not enough to bring suit and sometimes not enough to file a lien. I don't always have access to my office.
    It is extremely difficult and time consuming to get the information to find the owner or the General contractor and this 'Notice' is not being received well by my clients.

    Can I use a Service Agreement or other method in lieu of the 'Notice' ?

    What would be the pro's and con's?

  • #2
    re: Lien vs Contract -- I am a sub-subcontractor, no privy to contract

    The Georgia Lien Law is a step for the protection of persons who are performing work on a property. However, even for small errors the lien may be invalidated by the Courts. You are required to file a notice of commencement under the Georgia Lien Law within a time limit of 30 days of the filing of the lien action. The Georgia Lien Law does not provide for a service agreement to substitute the notice. Without the Notice to Contractor, you will not be able to file for a lien. By service contract you can demand amount of your claim but cannot have a lien. The rights are of a party under contract. In service contract you will have to file in court. As your amount is small hence you can file in small claims court. In Georgia small claims court deals with cases less than $15,000. In small claims court you can self represent your case to reduce costs.



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