Michael L. Chapman’s Answers

Michael L. Chapman

Atlanta Construction / Development Lawyer.

Contributor Level 7
  1. Commercial Real Estate; Fire; Insurance. Do I need to hire an atty and file suit? Reasonable fee amount? Can the fee's be added?

    Answered 11 months ago.

    1. Michael L. Chapman
    2. Christian K. Lassen II
    3. Jason Todd Studinski
    3 lawyer answers

    I recommend that you consult an attorney in Albany and have that attorney write a demand letter to the insurance company. I would look for a litigator who would do this on an hourly basis to see if the matter can be settled without filing a lawsuit. The insurance company will treat an attorney letter more seriously than a demand from an unrepresented business owner. An accurate evaluation of the cost to repair the fire damage plus some loss of value in the building due to the fire would be a...

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  2. Asking again with more details. Do we have a case against a man who we leased purchased from later to be told it's foreclosed?

    Answered over 1 year ago.

    1. Michael L. Chapman
    2. Kevin M. Veler
    3. Scott Benjamin Riddle
    3 lawyer answers

    I suggest that you report this situation to the Newton County District Attorney, the Governor's Office of Consumer Protection, and the East Metro Board of Realtors. You also should consult with the attorney who drew up the lease-purchase agreement, if you used one. If you do not have an attorney and cannot afford to hire one, I suggest that you call the Legal Aid Society of Newton County. The bank foreclosing on the property may be willing to work with you to avoid putting you out on the...

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  3. I WORKED ON A JOB, FINISHED, GENERAL CONTRACTOR PAID ME PARTIAL, BEFORE 90 DAYS, I FILED LIEN,STILL DID NOT GET PAY,WHAT'S NEXT?

    Answered over 1 year ago.

    1. Michael L. Chapman
    2. Kevin M. Veler
    3. Mark Allison Cobb
    3 lawyer answers

    At this point you really should be working with your lawyer. Never lose sight of the fact that the main goal is to get paid. You should be negotiating with the general contractor and using the lien as leverage in the negotiations. Each step that you take to pursue perfection and foreclosure of the lien is an opportunity to increase the pressure on the general contractor and the owner to get you paid. Assuming that you have filed and served the lien correctly, your next legal step will...

    5 lawyers agreed with this answer

  4. In Georgia, can a Lein be put on my property by an unlicensed handyman if no contract for work was signed?

    Answered over 1 year ago.

    1. Michael L. Chapman
    2. Kevin M. Veler
    3. Mark Allison Cobb
    3 lawyer answers

    You are understandably upset by the threat of a mechanic's lien filing on your property, but you likely will have a number of very good defenses to a lien claim if one is ever filed. An oral contract can support a claim of lien, but the contractor has not filed a lien yet and may never do so. I would not worry too much about a mere threat to file a lien for "gas money" or even $300.00 for the work that he never properly finished. If he does actually file a lien he is unlikely to follow...

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  5. I am not getting paid by a subcontractor for work I have done. Is a lien an option?

    Answered over 1 year ago.

    1. Michael L. Chapman
    2. Scott G Wolfe JR
    3. Thomas Richelo
    3 lawyer answers

    Scott is correct that a lien can be a great way to get paid. There are a few things that you might want to consider before you file a lien claim. First, are you a licensed electrical subcontractor? If Georgia law requires you to have a license and you performed the work without a license, then a lien filing may not be appropriate and could cause problems for you. Second, Georgia law permits the general contractor to make a lien filing that can effectively bar lien claims from "sub subs"...

    4 lawyers agreed with this answer

  6. Is it worth it to file a mechanic's lien or material men lien? Does this lien have to be filed yearly?

    Answered over 1 year ago.

    1. Thomas Richelo
    2. Scott G Wolfe JR
    3. Michael L. Chapman
    3 lawyer answers

    The Georgia Right to Repair Act gives a contractor the right to repair work that a homeowner claims to be defective. There is a helpful explanation of this law at this site: http://consumer.georgia.gov/consumer-topics/right-to-repair-act. A lien filing certainly would be appropriate under these circumstances, assuming that you have substantially completed your work and are within 90 days of the last day that you supplied labor or material to the job. While you are within your rights to make...

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  7. Sprinker head disaster

    Answered over 1 year ago.

    1. Michael L. Chapman
    2. Thomas Richelo
    3. Richard Carl Binder
    3 lawyer answers

    Yes, report it to your insurance company right away. Don't do anything to prejudice the right of your insurance carrier to investigate the cause of the loss. Your carrier may be upset that remedial measures have already been taken, but remind them that the general contractor has the duty to mitigate its damages and appears to be doing so. Your carrier will still want to investigate and to determine the amount of the loss and who is responsible. As you describe the situation, this seems to...

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  8. What type of attorney do I need in order to sue a private contractor for a poorly provided job?

    Answered over 1 year ago.

    1. Michael L. Chapman
    2. Thomas Richelo
    3. Kevin M. Veler
    3 lawyer answers

    You can find a construction lawyer or litigation attorney through the Cobb County Bar Association Lawyer Referral Service at the link given below. Under normal circumstances a contractor is required to perform its work in a workmanlike manner. Also, most contractors warrant their labor and material for a period of time, usually for at least one year. You should refer to your contract, if you have one, for the details of this warranty. Usually the warranty requires the homeowner to report...

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  9. My parents have a lien on their home from a subcontractor saying he wasn't paid. What kind of law is this?

    Answered over 1 year ago.

    1. Kevin M. Veler
    2. Michael L. Chapman
    3. Cheryl Rivera Smith
    3 lawyer answers

    Georgia law provides that subcontractors and suppliers who are not paid by the general contractor may file a claim of lien against the owner's property, provided that they fully comply with the complex requirements of the lien law. These liens are called mechanics' lien. The lien law can be found at O.C.G.A. § 44-14-361 and the sections that follow. Georgia law says that your parents, as the owners of the property, have the responsibility to supervise their general contractor and to make...

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  10. What would be the best course of action for receiving a Materialman's and Mechanic's Claim of Lien?

    Answered over 1 year ago.

    1. Michael L. Chapman
    2. Mark Allison Cobb
    3. Thomas Richelo
    3 lawyer answers

    I have attached an article from the Governor's Office of Consumer Protection on this issue for your reference. Based on your statement of the facts, the lien appears to be timely filed. Payment in full of the contract price is a defense to a claim of lien provided that you can prove that the general contractor properly applied your payments to labor and material bills on the project, which you probably cannot do and which he probably did not do. You can bond the lien off of your property...

    3 lawyers agreed with this answer