Can a unlicensed sub-contractor put a lien on property

Asked over 1 year ago - Augusta, GA

Sub contractor build 2 car garage attached to my home and I now owe $190.00 which I have not paid because I have discover roof and shingles issue which was not detected by county inspector, 4 licensed roofing contractor have looked at roof and I was advised to call inspector back. The roof is not correct and now The sub contractor is attempting to put lien on my property for bill he sent after he thought he finished garage and now billing me additional $2800.00 for change order which was not authorized by me and I was not aware of $2800.00 until 11/12/12. Should I get an attorney to handle this situation?

Attorney answers (3)

  1. Scott G Wolfe JR

    Contributor Level 12

    1

    Lawyer agrees

    Answered . To answer your question about whether you should get an attorney, it's probably a no. Yes, an attorney can help you understand your rights, and if you are right, can help develop and represent your position...

    But it will cost you a ton more than $190. I understand that principle may be involved and that you don't want to just give someone money, but practically speaking, hiring an attorney will be more expensive and create more stress than just paying this person to go away.

    As to whether the sub has any rights because it is not licensed, this will depend on whether the sub was required to have a license. It sounds like it was, but I can't be sure without a better understanding of the facts.

    My Mechanics Lien Filing Service at www.zlien.com. Our number is 866-720-5436. Avvo's terms and conditions apply,... more
  2. Kevin M. Veler

    Contributor Level 15

    1

    Lawyer agrees

    Answered . In Georgia, roofers are not required to hold a state contractor's license for a standard roofing job. But if we assume for a moment that the scope of work was sufficient (e.g. structure changes) to require a state contractor's license, any subs working for a state licensed contractors are not required to be licensed unless they fall under Chap 14 (HVAC, electrical, plumbing, low voltage). Further inspections by county inspectors are not an assurance that any construction job is done according to contract and are merely spot checking for basic code compliance. I assume the lien is for the $190 plus the $2800. A legal action is still needed to perfect the lien and I would expect the contractor to follow up with a magistrate's court action. You may want to review the matter with legal counsel to determine your rights and remedies before this escalates further and, if appropriate , to prepare a defense and possibly a counterclaim if there are code violations or other contract issues.

    Disclosure: This answer and any information contained in this answer is not intended to be treated as legal... more
  3. Jed R Prest

    Contributor Level 12

    Answered . I would recommend that you speak with a licensed GA attorney. Many attorneys offer a free consultations where they can fully evaluate the complaint, your situation and goals. This should also give you a better scope of the issues and cost associated with these items

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